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Divorce Issues/Community Property, Mortgage, Housing?


Good morning! I reside in the state of Texas and I am married. However, although I am married, we have been separated for well over 15 years, I do not know his whereabouts and we have no relationship or communication whatsoever.

So, I want to purchase a home for my granddaughters, pay the mortgage myself, but put the house in their names. My questions are:

1. Will a mortgage company allow me to go forward in this manner even though Texas is a community property state and I don't plan to have the house in my name?
2. Being that I am still married, would they want my husband present at closing?
3. Would they want him on the Deed?

Dear Miss S.

Please forgive me, I hadn't become aware of your question until this evening.  I am not an attorney and I truly believe you need one for this situation.  House mortgages and home ownership usually involve all parties in a marriage.  I have seen situations that even involve ex spouses and new spouses, so it is a complicated matter.  It would be terrible for you to be locked into the mortgage alone on the loan and have him come in and claim half ownership on the deed.

I realize attorney's are not inexpensive, but in this case it would definitely be worth the peace of mind to properly navigate through the paperwork.

I wish you well.

Kind Regards,
KD Liz

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Kindred Beisinger penname K D Elizabeth Beisinger


I can answer general questions regarding separation, property, and some custody questions. I cannot answer legal questions or specific questions pertaining to individual states and counties. I can offer support through the pending time, as well as offering assistance and ideas as you move on as a single individual. I can tell you how to avoid repeat pitfalls and help you learn to leave old baggage out of new relationships. I can help you work through the contemplative time of "what if" and "if only." I am able to offer advice in dealing with unnecessary guilt, undeserved judgment, and share insight as to discerning between concerned friends, family and coworkers and nosey gossips.


I have been divorced more than once and am now married to my soulmate. We are living the exact life we both wanted to build 30 years ago, long before we ever met. Well actually it's better than I had dared hope.

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