If I Get Divorced in Texas, Will I Get to Keep My Home?

 Posted on October 17, 2024 in Divorce

As soon as a couple decides to get a divorce, they immediately need to begin thinking about how it will impact their lives. Whether they have children and need to figure out how they will divide custody or there are assets that they need to split, there is a long list of issues they need to address. 

One of the questions couples are most commonly concerned about answering is who will end up staying in their home. There is no automatic answer, and it is up to each couple to decide what makes the most sense for their situation. If you are considering divorce and have questions about how the division of property is decided, speak with an experienced Travis County, TX family law attorney to learn more.

How Is Property Divided in a Texas Divorce?

Texas is a community property state, which means that anything acquired by a couple while they are married is considered owned equally by both spouses. That also means that all their property, assets, and debts included in the marital estate are to be divided 50/50 in a divorce. This is the case for everything except:

• Inheritance or gifts

• Compensation that one spouse was granted in a personal injury case

• Anything owned by either spouse before the marriage

There are exceptions to the above, and in some divorces, some of these three types of assets are divided by both spouses. However, they are generally considered separate property belonging exclusively to one spouse and not subject to division in divorce.

How is a House Divided in a Texas Divorce? 

When a married couple buys a home together, the home would be considered part of their marital estate and subject to a 50/50 division in divorce. But how can you split a house in half? Couples tend to address this by selecting one of the following options:

• Selling the house and dividing the profit equally

• Letting one spouse keep the home but giving the other spouse half of the equity

• Letting one spouse keep the home and giving the other spouse other assets to offset the value

Typically, whichever spouse keeps the home will be exclusively responsible for covering the costs of home maintenance, repairs, and the mortgage. Some might find that they are not financially able to handle all those expenses. If neither spouse can do so, it is generally wisest to sell the house and split the money.

Contact an Austin, TX Property Division Lawyer

It can be nerve-wracking going through everything you have acquired as a couple and deciding who will get what, but a qualified Travis County, TX divorce attorney can help. At Powers Kerr & Rashidi, PLLC we are dedicated to ensuring that our clients have all the knowledge they need to make informed decisions that would serve their best interests. Call us at 512-610-6199 to schedule a private consultation.