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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100048
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If my wife lives overseas and has no card or paperwork at

Customer Question

If my wife lives overseas and has no green card or paperwork at all. Does she have property rights in the state of TX?
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just trying to do a refi on my house that's titled in my name only!
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
Submitted: 1 month ago.
Category: Legal
Expert:  Ely replied 1 month ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
The answer is yes, she still does. Her marital rights are still inherent even if she has no immigration status. However in a divorce, if she cannot be found and/or if she is served abroad but does not answer, and/or if she is served by substitute service and does not answer, then someone in your situation can get a DEFAULT JUDGMENT and refinance into your name only with the help of a court order in most cases.
Without a divorce, this is harder to do, since she is abroad. If she is in agreement with the refinancing into your name only, she can either sign the paperwork ABROAD, or, provide you with a POWER OF ATTORNEY to sign on her behalf.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.