Here’s why your spouse is required to sign closing documents.
When selling your house, why does your spouse need to sign closing documents if you two weren’t married when you purchased it?
A common misconception is that the spouse in this situation is required to sign under the Texas community property laws. However, the community property laws don’t require a spouse to consent to the sale of a home at closing unless the couple was married when they purchased it.
Instead, this is required under the state’s homestead protection law, which says that if you and your spouse reside at the same residence, it becomes your homestead. When your property is your homestead, the Texas constitution requires your spouse to consent to its sale. Such consent is documented by signing the warranty deed at closing. It doesn’t change the ownership of the property.
As always, if you have questions about this or any real estate-related topic, don’t hesitate to contact me anytime. Talk to you soon!
