Who Gets the House in a Texas Divorce?

 Posted on August 27, 2024 in Property Division

So many questions need to be answered when a couple gets a divorce. Where will their children live? How will they divide their bank accounts and investments? What will happen when it is time for them to retire? One of the most commonly asked questions is what will happen to their home? There is no definitive answer because every couple weighs several factors to help them decide. If you and your spouse are considering divorce but want to understand more about the division of property, speak with an experienced Tarrant County, TX divorce lawyer.

What is Considered Community Property in Texas?

The state of Texas follows a community property model for the division of marital property in a divorce. Community property means anything a couple acquired during their marriage, including income, assets, and debts. Both spouses in a married couple are considered the equal owners of their community property regardless of whether only one of their names appears on the title of an asset or who earned the income.

What is Not Considered Community Property in Texas?

Not all property owned by a couple is considered community property. The three types of separate property recognized in Texas are:

• Gifts or inheritance: Anything one spouse inherited or received as a gift is not typically considered community property.
• Property from a personal injury case: If one spouse was awarded compensation for a personal injury settlement, it might not be considered community property.
• Property owned by one spouse before the marriage: This includes bank accounts, real estate, and business interests. This type of property typically continues to be owned exclusively by that spouse after they get married.

How Is Community Property Divided?

According to Texas law, community property is generally divided equally in a divorce. However, actual property that cannot be divided down the middle is included in community property, which is where the questions arise. Possible arrangements regarding a home in a Texas divorce include:

• The spouses sell their home and split the earnings equally.
• One spouse keeps the home and is solely responsible for paying the remainder of the mortgage and other home-related debts.
• One spouse keeps the home and the other receives half of the equity.
• One spouse keeps the home and the other is given assets to offset the value of the home.

Contact a Dallas, TX Division Lawyer

Often in a divorce, spouses are overwhelmed when trying to decide who will keep their home. Speak with a knowledgeable Tarrant County, TX property division attorney to understand your options. At Law Office of Michelle Poblenz we are passionate about getting you the best outcome possible. Call us at 469-845-3031 so we can work on protecting your best interests.