In Texas can a married person get a mortgage without spouse signing (this assumes one qualifies).?

Assuming a couple is separated (not legally) and not yet divorced; One wants to get a mortgage and can qualify independently. Does the other spouse have to be named on the mortgage, or sign for the mortgage?

Public Comments

  1. I believe Texas is a comjunity property state. This would make it very difficult for a married person to get a mortgage without the other spouse signing. If you were to be legally separated, it would be possible. Your spouse would not need to sign the note (the obligation to pay the money back), only the mortgage, so he could not claim an ownership interest in the house that would come ahead of the bank's interest in the property.
  2. WA is community property state as well. One needs to take title & have the loan in their name as such: John (or Jane) Doe, a married person as their separate property... Wife (husband) or soon to be ex will have to sign a quit claim deed at closing to satisfy title company.
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