We have an applicant who has noted that she is "separated" (no court order) and wants to purchase a primary residence in TX. Please advise if she can purchase a primary residence without the spouse and/or without a court order?

Any replies and recommendations are greatly appreciated!

Yes, she can purchase the property w/o spouse.

However, there may be some problems. Texas is a community property state. Unless acquired by gift, devise, or decent, property acquired during marriage by either spouse is generally community property.

Community property is property, other than separate property, that is acquired by either spouse during marriage. All property is presumed to be community property unless it can be proven not to be by clear and convincing evidence.

The result is that the new residence will be community property owned by both her and spouse.

(The opinion above should not be taken as legal advice)

The "however" then goes on to describe the problem. If the however be true who would make such a solo loan?

Hey, I didn't say it was a good idea. (smile)