seller's husband in jail

In Texas, it does not matter if you owned the property before marriage, Title companies will not close without him signing the deed. I have had similar situation before where the husband refused to sell and the wife purchased the house before they got married. His name was not on either the deed or the note yet the title company would not close. They would not even accept a quit claim deed from him but I am not sure that part is a state thing or underwriter thing.

I would check with a lawyer. I bought my first house about 8 years before I was married. My wife and I lived in it for two years before we decided to sell it. My wife had to quick claim it over to me before we could close escrow. YMMV.