Who Gets The House In A Texas Divorce?

When faced with a divorce, it’s not uncommon to have a lot of questions. Whether you are the one pursuing the divorce or not, you are likely anxious to establish a game plan to protect yourself and your assets through this process. A common concern clients have is who will get the house in their divorce. If you are also curious to know how the division of assets is handled, we’re going to break it down for you.

Who gets the house in a divorce?

The answer to “who gets the house in a Texas divorce” often depends on whether the property is separate property or community property.

Separate property is all property that each spouse owned individually prior to the marriage. Separate property also includes any property that the spouse might have acquired during the marriage by gift, demise or decent.

All other property accumulated throughout the marriage is considered community property. 

Who gets the house?

If the house is a separate property, you’ll need to provide evidence that this is the case. In fact, evidence is crucial for all separate property otherwise the courts will presume that everything is community property. Evidence to prove that the house is a separate property would include documentation and a detailed paper trail to prove that the house is exclusively yours. You may be required to outline the funds used to purchase the property and show that the property was either purchased before the marriage or during the marriage using separate property funds.

If the house is community property, who gets the house will depend on the agreement you can work out with your soon-to-be ex or on a judge’s ruling. Establishing an agreement with your ex is often the best option, however, if a judge has to step in to make a ruling, there are certain things they may consider.

Factors a judge may consider when dividing community property include:

• The income of each spouse

• Who has the children

• The capacities and abilities of each spouse

• The needs of each spouse

• The degree of fault to the marriage’s ending

• Physical conditions

• The benefits the non-faulty spouse would have if the marriage hadn’t ended

• Education

• Age differences

• Nature of the property

Ensure your property is divided in a fair and just manner

Working with an experienced Texas Family Law attorney will help to ensure that your property and assets are divided in a way that is satisfying for you. As experienced Texas Family Law attorneys, we are well-versed in tracing, and we can help guide you through the division of your assets.