Transactions during divorce, anonymous buyers
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: I'm in the midst of a divorce and buying a home. I can finance the home as either a primary or secondary residence. How can I avoid having my wife's name on the deed and how can I keep her from being responsible for the loan?
Answer: The funds used for purchasing your home are likely community funds until the divorce is final. You can pursue a separate property agreement, but you should do that only after consultating with both divorce lawyers. The best way is to wait until the divorce is final; however, consult your lawyer.
Dear George: Is it possible to purchase real property anonymously in Texas?
Answer: No party to a real estate transaction can remain completely anonymous. However, you can purchase property through an individual acting as a blind trustee; the trustee, though, would have absolute control over your end of the transaction. This is not something you should do without consulting an attorney familiar with this type of transaction.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
