Who Gets the House in a Divorce?

Who Gets the House in a Divorce?

One of divorce’s most contentious property divisions is the primary residence. Who is entitled to the house a couple has lived in and improved together? You should always discuss this with an experienced divorce attorney.

Is the House Separate Property or Marital Property?

Texas is a community property state, meaning that any property that was acquired during the marriage is split evenly or fairly in the event of a divorce. If you and your partner purchased the house after you were married, it is considered community property. If the house was purchased before the marriage, was gifted, or part of an inheritance, it might be considered separate property, but the equity in the house since the marriage might be community property.

Overall, this determination of community vs. separate property can be more complicated than most people might think. 

Does the Wife Always Get the House in a Divorce?

In the past, the assumption might have been that the wife gets the house in a divorce, but it is not always true these days. When there are children involved in a divorce, the courts will attempt to find ways to make the transition as easy as possible for them. Often, that means that the children might continue living in the house that you had during your marriage. Whichever parent has primary custody of the children may have a better chance of keeping the house in a divorce. This could be either parent. However, neither parent may keep the house – it all depends on the situation.

Who Decides Who Gets the House in a Divorce?

If the house is considered community property, ideally, divorcing spouses will agree on who gets the house or if they are going to sell the house and split the proceeds in the event of a divorce. If they are unable to agree, the courts will often make this decision. When the house is a separate property, there may be other considerations, like dividing the appreciation that has occurred since the marriage. 

Should You Try to Keep the House in Divorce?

Many people feel a sentimental attachment to their houses. Others look at it as an investment that they have equity in and have improved over the years. There are many different reasons to want to keep your house if you are going through a divorce. 

Given current interest rates, many people could not afford the same homes that they could a few years ago. Starting over in a new home and neighborhood can be challenging, as well. That said, others look at divorce as a fresh start and an opportunity to move to a new house, city, or even state. 

It is advisable to speak to your divorce attorney and do the math to see if attempting to keep the house and buy out your spouse would make the most sense, or if it is a better financial decision to walk away with your portion of the equity. 

Need Help With a Divorce? Contact a Southlake Divorce Lawyer

If you are going through a divorce and have questions about how property will be divided it is advisable to speak with an experienced Fort Worth divorce lawyer as soon as possible. The skilled team at MBH Fort Worth Family Law is committed to helping our clients navigate nuanced situations about dividing property in the event of a divorce. Reach out today to schedule your free initial consultation. Call us at 817-476-7964 or contact us online.

Fort Worth, TX Divorce & Family Lawyers

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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