ask george & chuck
June 30, 2008

Buying without spouses, splitting fees
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: Can I buy property without my husband being listed on any documents?

Answer: Yes, you can buy property in your name only. You can make the purchase as separate property, either by law (inheritance or using separate funds) or by a recorded agreement of you and your husband (contractual separate property). If the property is a homestead, however, your husband will have to join on execution of mortgages and conveyances because of his homestead rights. If it is community property (acquired during the marriage with community funds), your husband still has a community-property interest, even though his name is not on the deed.

Dear George: We're moving to Texas from the East Coast and want to buy a house. What are the customary fee practices in Texas? In other words, who in a transaction usually pays for what?

Answer: In Texas, real estate licensees are required to use forms promulgated by the Texas Real Estate Commissions, or they can use a form prepared by an attorney and required to be used by one of the principals in the transaction. Section 12 of the purchase agreement promulgated by TREC has a list of buyer and seller costs. Hire a professional such as a REALTOR® to walk you through each cost; there may be items that can be negotiated between the parties.