I had a client recently who filled out her application online. She wanted to do a cash-out refi on her home to pay off debt. She indicated she was married in the personal information section … and when the loan processor sent her a disclosure for her husband to sign, she called me to discuss it.
Texas is a community property state. Although my client bought the home prior to marriage – and she alone is responsible for the existing mortgage on the property – her husband has to indicate he is aware of what she is doing with the house.
Read more about community property states: click here.
Title companies deal with issues related to community property all the time. An escrow assistant told me she asked a borrower, “Are you married?” and his reply was “Well, sort of ….”
There is no “sort of” when it comes to the law. Even if you are living apart, you are still married.