Who Gets the House in a Divorce?

Who Gets the House in a Divorce?

Jul 10, 2024
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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 Southlake, TX, divorce attorney.

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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.

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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. 

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SERVING FAMILIES WITH MORE THAN 75 YEARS OF COMBINED EXPERIENCE

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.

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Constance Mims

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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    I highly recommend this law firm. I have had Brian and Kelly both represent me in now three seperate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...

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    Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

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    I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

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    Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

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    Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...

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    Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization..

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