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Are You About to Get Married and Already Own a Home? You Need to Read This

Part of the American dream is for a person to purchase his or her own home, and the earlier this can be done the better. If a person is fortunate enough to have a home, and he or she has this property before getting married, there are some things that need to be kept in mind.

This article will address some things that people need to know when they are in the process of getting married and already have their own home. Being aware of these things are paramount to ensuring that the homeowner does not put himself or herself in jeopardy as far as home
ownership is concerned.

What to Know About Home Ownership and the Intent to Marry in Texas
All people who are homeowners prior to marriage need vital information before they get married to their intended bride or groom. This information is something that should be looked at when considering the laws about real estate and marriage in a given state. Those who live in Texas can get information from an attorney who practices Corpus Christi Real Estate Law before marriage. One of the things that should be known is that Texas is one of nine community property states. This means that whatever a person purchased in terms of real estate before marriage generally remains with that person and does not have to be split up in the event a marriage fails.

More to Know When Owning a Home in Texas Before Marriage
Community property states can get tricky when it comes to settling real estate matters in a court of law, particularly during a divorce. It can be unsettling to handle such legal matters about property, homes, and other real estate without the guidance of a real estate attorney or law firm.
It may be to the property owner’s advantage to add the spouse to a refinanced mortgage, especially if the spouse is already contributing at least half of the finances in the family’s bank account to pay bills. To be sure the assets are protected, a person may want to consider getting
a post-nuptial agreement if they didn’t get a prenuptial agreement. This will be for the peace of mind of the homeowner who is concerned about his or her property.

More Knowledge Regarding Prior Home Ownership Before Marriage
It is not unusual for the youth culture of today’s times to already have their own home prior to marriage. More than 50 percent of young women have their own homes before they tie the knot, while young men follow close behind by 47 percent. However, whatever property a couple acquires during the marriage takes on a new meaning in terms of the legal consequences involved.
Individuals who are serious about getting married after they already own property might consider investing in a book on Texas marital property rights. The more marrying homeowners avail themselves of this information, the less apt they are to be caught off guard should they
decide to get divorced.

Becoming More Acquainted with Texas Law Regarding Home Ownership Before Marriage
One thing a prior homeowner may want to look into when getting married is to get the mortgage refinanced in both of their names so that they will have equal responsibilities and assets where the house is concerned. If a person is planning on leaving everything to the spouse, there is not
much of a legal concern to be worried about. If there are other concerns to address concerning the will, then both parties will need to have their attorneys scrutinize the legal papers to verify who gets what. What happens with the home will also need to be discussed between the two parties involved prior to walking down the aisle.

Other Pertinent Information Regarding Property Owned Before Marriage
It should be understood that, as long as separate property can be traced to its identity of the owner, it remains separate. If the separate property is commingled with community property, it is possible that the identity of the separate property may be lost and it becomes common property. This could cause a lot of headache for those who wish to keep their separate property
completely separate, especially if a divorce is in the making. It is comforting to know that, since 1987, spouses have been abe to agree in legal documentation that the community property becomes the sole property of whichever one of them outlives the other.

Other Things to Consider about Real Estate in Texas Before Marriage
In Texas, the Family Code, a legal writing that outlines specifically what happens with property in a marriage, should be carefully studied by each party. Along with each party studying it will be having the attorney go over the document with the client to clear up any misunderstandings about what is written. It would be devastating to go to court only to find out that the party with the grievance didn’t have a clear understanding about the code when entering into a marital or divorce contract. One part of this code that might be of interest to both parties involved relates to the gifts between the spouses.

Final Thoughts about Real Estate Prior to Marriage
In a case where the parties entering into a marriage contract have children of their own, it is critical that a clause is drawn up to specify what these children will inherit should a dissolution of the marriage occur. There have been many cases where a spouse died and the surviving children received little or nothing because of the community property law in Texas, which sometimes gave everything to the surviving spouse.
It only costs a little extra time and money to ensure that the papers drawn up for the properties are airtight and will hold up in a court of law. As an added security, it wouldn’t be a bad idea to consult with an attorney from time to time to ensure that no changes need to be made to the real estate documents drafted before marriage.

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