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Buying a House Without A Spouse in Texas

So, you’re married—but your mortgage game is solo. Whether it’s about protecting separate assets, simplifying paperwork, or just doing things your own way, buying a house without your spouse in Texas is absolutely possible… with the right strategy.  But Texas is a community property state, and that changes the rules. Here’s what you need to know before you make a move.

🏡 Community Property 101: What’s Yours Is (Technically) Theirs

Texas law considers most property acquired during marriage as community property. That means—even if your spouse isn’t on the deed or the mortgage—the home might still legally belong to both of you unless you take very specific steps to keep it separate.


💼 Buying With Separate Property? It’s Doable

To keep the house truly yours, it must be purchased with separate funds—like savings you had before the marriage, an inheritance, or a gift specifically given to you.

💡 Pro Tip: Keep a clear paper trail. If you commingle community and separate funds, things can get murky fast.


💸 What Kind of Loan Are You Using?

Your mortgage type determines whether your spouse’s credit or debts matter—even if they’re not on the loan.

  • FHA, VA, or USDA loan? Your lender must factor in your spouse’s debts (and credit in community property states).
  • Conventional loan? You can apply solo. Just your income, your credit, your rules.

🛡️ Legal Backing = Smart Move

Want to keep everything clean and conflict-free?

🔹 Talk to a real estate attorney about using a postnuptial agreement
🔹 Consider having your spouse sign a waiver or disclaimer deed
🔹 Make sure the property title reflects your intended ownership


🎯 Final Word

Buying solo while married isn’t shady—it’s strategic. But in Texas, it comes with rules. So whether you’re trying to protect your separate property or just need a clear mortgage path forward, having a game plan (and a good team) is key.

I’ll help you figure out the financing. Let a Texas attorney help with the legal stuff.
📲 Click here to discuss your goals and let’s break it down together.


🧮 Not sure what you can afford solo?

👉 Use this Affordability Calculator to find your comfort zone.

With over a decade of experience in mortgage financing, Kory Small has been writing articles since opening his mortgage brokerage in January 2021. Originally from Louisiana, Kory has called Houston home for 24 years and serves Houston and the surrounding areas. With a knack for simplifying difficult concepts, Kory focuses on making the mortgage process simple and efficient. Known for clear communication and top-tier service, he works closely with clients and real estate agents to ensure smooth transactions – whether FHA, VA, Conventional, USDA, Jumbo, Non-QM loans (bank statements, DSCR, asset-based, fix-and-flip) or multiple down payment assistance programs across Texas. Outside of the mortgage world, Kory enjoys cooking using his original seasoning blends, producing music, and spending time with family.

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