....and Why do Title Companies insist on both spouses signing the deed when selling their homestead?
Answer: The Texas Family Code Section 5.001 requires, with limited exception, that both spouses join in the sale, conveyance or encumbrance of homestead property, regardless of whether the property is the separate property of one spouse. If either one of the spouses refuses to sign the Deed or Deed of Trust-- the conveyance is not complete and possibly subjects the Title Insurance company to future claims.
FAMILY CODE TITLE 1. THE MARRIAGE RELATIONSHIP SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES CHAPTER 5. HOMESTEAD RIGHTS SUBCHAPTER A. SALE OF HOMESTEAD; GENERAL RULE Sec. 5.001. SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD.
Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse except as provided in this chapter or by other rules of law. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997
