Question: I own a home in Texas -- or am at least paying a lender each month! But I'm getting married this Spring. Will my property assets automatically become my spouse's unless I specify something different in a prenuptial agreement? Answer: There are several issues here. First, if you elect to add a spouse to the title your lender cannot object. The Garn-St. Germain Act says a lender cannot call a loan if there is "a transfer where the spouse or children of the borrower become an owner of the property." As to state laws, that's a matter that you and your future spouse should discuss with an attorney. Be aware that there are substantial advantages to holding title as husband and wife. If you are worried about the other party having a claim to property you now own, then you don't have a real estate question, you have a matter to discuss with a marriage counselor.

Published: March 4, 2008

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