Is a 2nd husbad intitle to benefit from a house from a 1st marrige?in the state of Texas?

Question

When my sister married for the 2nd time she ask her husband to be to sign a pre-agreement. I is he intitle to any money if I sell this house to give my children some money? Or if I refinance do's he have to sign yhe new note and if so will that signature meke him part owner of this house? I live in the state of Texas.

The house is my sister's I have nothing to do with it. She want's to refinance to get cash out. The mortgage co. wants for he present husband to sign, will this make him part owner. This house was hers from first marrige and there is a preagrement. Thank you

Answer 1

In Texas, property owned before the amrriage is not joint property and he does not own any part of the house. The trick is that any material gained during the marriage is joint and is half his. So, if your sister sells the house during the marriage that she had before the amrriage, the original house and its original cost is hers, but the profit is split evenly between her and her husband.

Now, the problem appears to be that you are asking about the house as if you own it instead of her. If you are living in a house your sister owns, you cannot sell it. If it is part of the estate and she left it to you, the house is yours. You might also need to check on who is the actual legal owner of the house if your sister bought it for you because she oculd get the financing and you could not. In that case, you need a good lawyer to sort it all out.

Answer 2

Property acquired before a marriage is separate property. He is not entitled to it. It gets a little stickier when you talk about mortgage payments and appreciation, etc but that's the basic rule.

Answer 3

I'm confused, do you own the house? Or does your sister own the house? I can't give an answer unless I know the details clearly. Sorry.