HOA and deed title question?

[morris]

Do both spouses have to be listed on the title/deed with the county appraisal district? If only 1 spouse is listed what rights does the other spouse have with HOA rights?

Anyone know or may have insight on this?

[bwssr]

hope you and the wife are ok.....but i don't know, so free bump

[morris]

no bruce not us......I'm doing research on situation and need some info before I open my mouth.

[CrossTimbers]

If their name is not in writing they have no legal rights. All dependents are contingent on deed/lease holder.

[morris]

If their name is not in writing they have no legal rights. All dependents are contingent on deed/lease holder.

Kinda what I was thinking if your name is not on the deed then you have no rights or saying in matters. I know there's community property in Texas but as far as HOA I dont think you have a say.

[JayB]

Community property laws in Texas give both parties (spouses) the same responsibility under the law of property ownership. The county clerk records simply reflect the ownership as listed at the time of closing. If married, the HOA has the responsibility to notify all parties that they are aware of that can claim homestead of such property. If investment property rules are different.

I am not an attorney and am not offering legal advice.

[JayB]

Let me clarify one point....county records may not reflect both parties in name, but they should always reflect marital status.
Also, the appraisal district is NOT official public record just a reflection of how they send the tax bill.

[Split Arrow]

Community property laws in Texas give both parties (spouses) the same responsibility under the law of property ownership. The county clerk records simply reflect the ownership as listed at the time of closing. If married, the HOA has the responsibility to notify all parties that they are aware of that can claim homestead of such property. If investment property rules are different.

I am not an attorney and am not offering legal advice.

^^x2

[morris]

So if 1 spouse bought and owned a house prior to them being married it does not matter? The other spouse still has rights?

[JMR]

If property was bought before the marriage, it is separate property. The "new"
spouse is only entitled to improvements and the monies spent on the property post marriage. If the property was bought while married and only one name appears on the deed, it's community property unless specified in the deed. Community property laws can be rather confusing... I'm not an attorney, no legal advice expressed.-disclaimer.

[JayB]

If property was bought before the marriage, it is separate property. The "new"
spouse is only entitled to improvements and the monies spent on the property post marriage.

Not 100% true....if spouse claims as homestead also, then the same community property laws apply....you are right, the law does get a little confusing. Non homestead property can stand as seperate property.

[justintyme8303]

So if 1 spouse bought and owned a house prior to them being married it does not matter? The other spouse still has rights?

Has been working like that in my case.... My wife bought the house in her name only 3 yrs b4 we got married ( we moved in the same time) and I deal with HOA matters all the time.

[justintyme8303]

If property was bought before the marriage, it is separate property. The "new"
spouse is only entitled to improvements and the monies spent on the property post marriage. If the property was bought while married and only one name appears on the deed, it's community property unless specified in the deed. Community property laws can be rather confusing... I'm not an attorney, no legal advice expressed.-disclaimer.

Once the new spouse co-mingles money that pays the mortgage it now 50/50 ownership.

I have seen this happen many times with rental property too that one spouse owned b4 getting married then lost half of them in divorce because money was co-mingled.

[Cornholer]

Texas is a community property state meaning it only takes one to buy and two to sell. If they were married at the time of purchase then the wife is entitled to half the house but even though it's only his name on the deed, she would still have to sign in order to sell the property.

I have a couple developments and we deal with HOA's all the time. We form them and sell out the subdivision and turn it over to them so if I can help, shoot me a PM. Also if you really want to be certain tell him to call the title co that he closed the home at and they can confirm. On the deed it should state "John Doe, a married man" or "John Doe a single individual" depending on marital status at the time of purchase.

Hope that helps.

[Atfulldraw]

if you are looking for legal advice, you are getting some really interesting advice here



basically, the owner of the property can designate whoever he, she (or it) wants to deal with the HOA.

keep in mind that some property is owned by corporations, trusts, partnerships, etc -- not sure if that helps how you would be looking at whatever situation you are looking at...