Will I Be Able to Keep the House After My Divorce?

 Posted on February 11, 2025 in Divorce

For many, a marital home is more than just a financial asset; it holds memories and emotional significance. As couples navigate divorce, the house often becomes the focal point of property division disputes. This can be an overwhelming process, and it can raise difficult questions. If you are facing divorce and want to know your options, a Texas family law attorney can help you understand the process and state laws about property division. 

Is the Family Home Considered Community Property in Texas?

Texas is a community property state, meaning that most assets obtained during the marriage are considered to be jointly owned by the couple. As such, the marital home’s classification depends on when and how it was acquired:

• If the home was purchased during the marriage, it is likely deemed community property, which means both spouses have equal ownership.

• If one spouse owned the home before the marriage, it is usually considered separate property. However, any increase in the home’s value during the marriage, whether through mortgage payments or renovations, could make a portion of the equity up for division.

What Factors Determine Who Gets the House?

In many divorces, the marital home is either sold and the proceeds are divided, or the proceeds are awarded to one spouse while the other receives other assets of equal value. When determining who, if anyone, will keep the house, Texas courts consider multiple factors, such as:

• The best interests of any children: If the couple has minor children, the court may prioritize keeping the custodial parent in the family home to reduce disruptions in the children’s lives.

• Each spouse’s financial situation: The spouse who wants to keep the house must demonstrate the financial capability to afford the mortgage, taxes, and home maintenance after the divorce. If keeping the home would create significant financial strain, it might be in your best interest to sell it and divide the proceeds.

• The home’s equity and value: Courts may require the spouse keeping the house to "buy out" the other spouse's share of the equity to ensure a fair property division.

Ultimately, the court will aim for a property division that is just and fair, though this does not always mean an even split.

What Happens If You and Your Spouse Disagree About the House?

Disputes over the marital home are common during divorce proceedings. If you and your spouse cannot agree on what to do with the house, the court will decide for you. In Texas, courts have broad discretion in dividing property and will consider factors like:

• Each spouse’s earning capacity

• Fault in the breakdown of the marriage, if applicable

• Each spouse’s contribution to the marriage, including homemaking

Mediation can be an effective tool for resolving disagreements before involving the court. A skilled lawyer can help you present your case and advocate for your desired outcome during mediation or in court. 

Contact a Denton County, TX Divorce Lawyer

Dividing the marital home during a divorce can be complicated, especially when significant emotional or financial stakes are involved. If you are concerned about what will happen to your family home or other properties, contact a Denton, TX divorce attorney at The Law Office of Linda Risinger. As a mother-daughter team, we are passionate about helping families and we will work diligently to protect your interests. Call us at 972-294-6533 to schedule a free consultation today.