During a divorce, many questions arise. One of the biggest: who gets the house? The family home is a centerpiece, a place filled with memories and sentimental value. It often holds significant equity, too.
The tough part is that there is no one answer. The outcome depends on state laws, financial stability, and the presence of children.
Are you having a tough time determining who gets the house in a divorce in Texas? The divorce attorneys at Albin Oldner Law are here to help.
Equitable Distribution vs. Community Property
First, understand that the United States is divided into two legal philosophies about marital property.
1. Equitable Distribution States
In many states, assets are divided “equitably.” This does not always mean a 50/50 split. Instead, a judge looks at what is just and right based on:
- The length of the marriage
- The earning power of each spouse
- Who will be the primary caregiver for the children
2. Community Property States
But Texas is not an equitable distribution state; it is a community property state. In fact, Texas is one of only nine community property states in the country. This law generally assumes that any property acquired during the marriage belongs equally to both spouses. In these states, the house is often split right down the middle unless there is a compelling reason to do otherwise.
Who Gets the House in a Divorce in Texas?
While Texas is a community property state, the law still requires a just division of community property. The starting point is usually 50/50. But a judge has the discretion to award a larger share of the marital estate to one spouse. Factors include fault in the breakup, such as adultery, or a significant gap in earning capacity.
In Texas, “separate property” is anything you owned before the marriage or received as a specific gift or inheritance. So if you bought the house before you got married, you might have a claim to keep it. But if marital funds went toward the mortgage or renovations, your spouse may be entitled to “reimbursement” for those contributions.
These nuances are why many people consult the Texas divorce attorneys at Albin Oldner Law. We are here to protect your property rights and make sure you get what you are entitled to under the law.
Top Factors Influencing the Decision of Who Gets the House in a Divorce
When a judge or a mediator is deciding who gets the house in a divorce, they weigh several key issues:
The Best Interests of the Children
Courts prefer to maintain stability for minors. If one parent has primary physical custody, the court is more likely to let them stay in the home. That right can last at least until the youngest child reaches adulthood. This avoids disrupting school zones and friend circles.
Financial Viability
Can one spouse afford the house on a single income? Keeping the house means being responsible for:
- The mortgage payments
- Property taxes and insurance
- Maintenance and repairs
- The “buy-out” of the other spouse’s equity
The “Buy-Out” Option
If one spouse wants to stay, they typically have to buy out the other spouse’s share of the equity. This often requires refinancing the mortgage in their name only. This can be difficult if their credit or income has changed during the separation.
These are all things to keep in mind when deciding who gets the house in a divorce. At Albin Oldner Law, we will review these situations with you so you can consider all your options.
Common Scenarios for the Family Home
If you and your spouse cannot agree on what to do with the property, the court will likely land on one of these three outcomes:
- The couple sells the house and splits the net profits.
- One spouse keeps the house and pays the other for their half.
- Both stay on the deed and sell the house later.
Keep this in mind if you find yourself in this situation.
Why You Need Divorce Attorneys
It might be tempting to handle the paperwork yourself to save money. But the stakes with real estate are too high for DIY legal work.
Divorce attorneys provide essential services, such as:
- Valuation: Ensuring the house is appraised correctly so you don’t get shortchanged on equity.
- Tax Implications: Understanding “capital gains” taxes that might come into play once the house is sold.
- The Deed Transfer: Ensuring that a “Special Warranty Deed” or “Deed of Trust to Secure Assumption” is filed correctly. Without these, you might find yourself legally liable for a mortgage on a house you no longer live in.
Texas property laws can be complicated. That is where divorce lawyers help distinguish between what is “community” and what is “separate.” Getting that right can save you hundreds of thousands of dollars in the long run.
Do You Need a Divorce Lawyer? Contact Our Firm Today
Feeling overwhelmed by the prospect of losing your home? Worried you’ll be stuck with a mortgage you can’t afford? Contact the divorce lawyers at Albin Oldner Law. We can help you reach a resolution that both parties can work with.
The Albin Oldner Law team is here to protect you and guide you through the process. Call us today at 214-423-5100 or contact us online to schedule an appointment.