Does Signing the Deed of Trust Make You a Homeowner in Texas?

One of the most common misunderstandings in Texas divorces is this:

“My spouse owned the house before our marriage. Later, they refinanced and added me to the deed of trust. That means I now own part of the home, right?”

The answer is no. Signing a deed of trust does not make you a property owner in Texas. To understand why, you need to know how Texas marital property laws work.

Community Property vs. Separate Property in Texas

Texas is a community property state. By default, all property acquired during marriage is considered community property, meaning both spouses share ownership. At divorce, community property must be divided by the court.

However, separate property remains solely owned by one spouse. This includes:

1) Property owned before marriage and

2) Assets received by gift, inheritance, or will (devise or descent)

Example: If a home was purchased during marriage, it is presumed community property, even if only one spouse’s name is on the deed. But if a spouse owned the home before marriage, it remains separate property.

The Presumption of Community Property

Under Texas Family Code § 3.003, all property acquired during marriage is presumed community property, even if only one spouse’s name appears on the warranty deed. The only way to overcome this presumption is with clear and convincing evidence that the property is separate.

Warranty Deed vs. Deed of Trust in Texas

It’s important to distinguish between two common real estate documents:

The warranty deed transfers legal title (ownership).

The deed of trust secures the lender’s lien; signing it does not create ownership.

In other words, ownership is determined by the warranty deed, not the deed of trust.

Why Non-Owner Spouses Must Sign the Deed of Trust

Even if a home is one spouse’s separate property, lenders often require the non-owner spouse to sign the deed of trust.

This happens because of Texas homestead protections:

Texas Constitution, Article XVI, Section 50 prohibits placing a lien on a homestead without both spouses’ consent.

Texas Family Code §§ 5.001–5.002 requires both spouses to sign when conveying or mortgaging the homestead.

Signing ensures the lender’s lien is enforceable, but it does not transfer ownership rights.

Example: How This Works in Real Life

Scenario 1: You and your spouse buy a house during marriage. Even if only your spouse’s name is on the warranty deed, the property is presumed community property since it was acquired during marriage.

Scenario 2: Your spouse owned the home before marriage (separate property). If they refinance, the lender may still require you to sign the deed of trust. This protects the bank, not you. Your signature does not give you ownership.

Key Takeaways About Property Ownership in Texas

•  Signing a deed of trust does not make you an owner.

•  Ownership depends on whether property is community or separate.

•  A warranty deed (not the deed of trust) reflects ownership rights.

•  Lenders require both spouses’ signatures for homestead protection reasons.

Why This Matters in Divorce

Property classification (community vs. separate) can drastically impact:

•  Property division in divorce

•  Estate planning

•  Refinancing and mortgages

Many spouses mistakenly believe that signing loan documents gives them ownership, which can lead to surprises during divorce proceedings.

Talk to a Houston Divorce Attorney About Your Property Rights

Understanding Texas property laws can be confusing, especially when homes, refinancing, and marital assets are involved. At DeRouen and Lewis Law Firm, PLLC, we help clients throughout Houston and surrounding areas with:

•  Divorce and property division

•  Child custody matters

•  Estate and financial planning

Don’t navigate complex property rights alone. Contact our Houston divorce and child custody attorneys

today to schedule a consultation and protect your financial future.

Frequently Asked Questions

1. Does signing a deed of trust make me a homeowner in Texas?

No. A deed of trust only secures the lender’s lien. Ownership is determined by the warranty deed.

2. What if my name is not on the warranty deed, but we bought the house during marriage?

The property is still presumed community property under Texas law.

3. Can the court divide my spouse’s separate property in a divorce?

No. Separate property cannot be divided in a Texas divorce.

4. Why did I have to sign mortgage papers if I don’t own the house?

Texas homestead laws require both spouses to sign for lender protection, but it does not give you ownership.

5. How can I prove property is separate in a Texas divorce?

You must provide clear and convincing evidence, such as documents showing ownership before marriage or proof of inheritance.

6. Should I talk to a lawyer if I’m unsure about property ownership?

Yes. Our Houston divorce attorneys at DeRouen and Lewis Law Firm, PLLC can evaluate your situation and protect your rights.