Re financing thru HARP in texas separate property

Follow the advice from the Texas lenders that have responded. They will be the most familiar with the state laws and probably have some good referral sources for you as well to protect yourself.

If your husband purchased the property prior to marriage AND no community assets were used to support it, then upon divorce the property would be considered his separate property. However, if any of the income he earned while married to you, or if any of your income earned while married to him was used to support the property (make payments, repairs, etc.) then the property has been converted to community property. His desire to refinance the property and have you on the deed, but not on the note, doesn't sound right because I know of no banks that will allow the non borrowing spouse to remain on title AT the close of escrow. It is likely the document he intends to have you sign is what is commonly called a "Disclaimer Deed". If you sign this document, you are asserting that the property is not yours and you have no claim to it. This would probably NOT be in your best interest if you are contemplating a divorce. I would strongly encourage you to see a divorce attorney before you sign anything so you know what your rights are and to prevent you from doing something that ends up hurting you. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ Licensed in California and Arizona ~ www.LoansA2z.com 888-889-9950

Good for u, u have control of the property but no liabilty on the note/loan. Therefore, in the event of foreclosure or default of the note/loan ur credit wont be affected, only ur current husband. On the contrary, if there is equity in the property ur entitled to half. Give me a call. 409-356-9194- chris

If you are considering Divorce, I would suggest you seek the advice of your Attorney on this matter as that is where your most appropriate advice will come from! Good luck!

In the state of Texas being that it is a community property state, your divorce decree will be the only item that will perjudicate you from the property. My advice to you would be to finish the divorce prior to any refinancing so that it can be done correctly once and for all. That way you wouldn't have to be on the deed or the note and the property could be completely transferred to your soon to be ex-husband. That would be the cleanest way to accomplish your goals. With that being said, you are asking a legal question and this is more of a lending forum. My recommendation would be to discuss this thoroughly with your attorney.

I agree, you should get legal advice from a Texas attorney. Good luck!

I agree with the other lenders. Texas is a common law state and a divorce attorney in Texas will be the best person to answer your question properly.