Does common law marriage require a divorce in Texas?
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Does common law marriage require a divorce in Texas?
Yes, Texas requires a divorce to dissolve a common law marriage; but the question is not as simple as you might think. Texas recognizes a common law marriage or an informal marriage as equal to a formal marriage. It requires a divorce (or annulment or death) to dissolve the marriage.
What happens if your spouse dies and you are not on the mortgage?
If there is no co-owner on your mortgage, the assets in your estate can be used to pay the outstanding amount of your mortgage. If there are not enough assets in your estate to cover the remaining balance, your surviving spouse may take over mortgage payments.
Can you be on the deed if your not on the mortgage?
It is possible to be named on the title deed of a home without being on the mortgage. However, doing so assumes risks of ownership because the title is not free and clear of liens and possible other encumbrances. If a mortgage exists, it’s best to work with the lender to make sure everyone on the title is protected.
What if my name is not on the mortgage?
The lender typically has a lien on the house, meaning that the spouse whose name is on the mortgage does not pay, then the bank can foreclose in order to get their money back. It will not matter if your name is on the deed, since it was added to the deed after the home was mortgaged.
