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Purchasing home when spouse incarcerated

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ftwborn

New member
What is the name of your state? Texas

Can you buy a home in Texas if Spouse is incarcerated? If so, what is done if incarcerated spouse’s signature is needed on documents when in the process of buying the home?
 


Taxing Matters

Overtaxed Member
What is the name of your state? Texas

Can you buy a home in Texas if Spouse is incarcerated?
Yes.

If so, what is done if incarcerated spouse’s signature is needed on documents when in the process of buying the home?
You either arrange to get the documents to him/her in prison for him/her to sign or you get the spouse to execute a power of attorney document that permits you to execute the documents for the spouse. That assumes the other parties to the sale will accept a power of attorney, of course. You may want to consult a real estate attorney to make sure things go smoothly. After all, you are spending a lot of money to buy a house, it's worth a little in legal fees to make sure it doesn't get screwed up.
 

adjusterjack

Senior Member
What is the name of your state? Texas

Can you buy a home in Texas if Spouse is incarcerated? If so, what is done if incarcerated spouse’s signature is needed on documents when in the process of buying the home?
Get divorced first. Texas is a community property state. Your spouse will have a half interest in your house even if you buy it in just your name.
 

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