When a marriage ends, one of the most challenging issues to address is who gets to keep the family home. In Texas, where property division follows community property rules, this decision can become complicated.

At Daniel Ogbeide Law, we understand the stress and uncertainty that comes with divorce. As experienced divorce lawyers in Houston, we provide compassionate, strategic guidance to help you protect your rights and assets. In this article, we’ll discuss how Texas property division laws impact the ownership of your home and what options you may have.

Understanding Texas Property Division Laws

Texas is a community property state, which means that most assets acquired during a marriage are considered joint property and subject to equal division. However, the division process is not always straightforward, especially when it comes to the family home.

Factors That Influence Who Keeps the House

Deciding who keeps the house in a Texas divorce often depends on several factors, including:

• Ownership Status:If the home was purchased before the marriage, it is usually considered separate property.
• Financial Contributions:Mortgage payments made with community funds may complicate the distinction between separate and community property.
• Children’s Best Interest:Courts often prioritize keeping children in a stable environment, which may favor granting the home to the primary caregiver.
• Spousal Agreements:In uncontested divorces, spouses may reach an agreement regarding who retains the home, which is then approved by the court.

Options for Dividing the Family Home

Once it’s determined that the home is community property, there are generally three options:

• Selling the Property:Both spouses agree to sell the house and split the proceeds.
• One Spouse Buys Out the Other:One spouse pays the other their share of the property’s value to retain ownership.
• Co-Ownership:Rare but possible if both parties agree to keep the home as a shared investment.

Is Selling or Refinancing the Better Option?

Whether you should sell the property or refinance it largely depends on your financial situation and long-term goals. Selling may provide immediate funds for both parties to move on, while refinancing allows one spouse to maintain ownership while compensating the other.

Need Legal Support for Property Division?

Are you wondering who gets the house in a Texas divorce? At Daniel Ogbeide Law, we’re here to help you understand your options and protect your interests. Our experienced divorce attorneys in Houston have a deep understanding of Texas property division laws and can guide you through the legal process with professionalism and compassion.

Contact us today to schedule a consultation and let us help you secure a fair outcome.