Dividing Mortgage and House After Divorce

When it comes to the division of marital property, one of the most common questions we're asked at North Texas Family Lawyers is "Who gets the house?" It's a fair question, especially when you consider that a house often represents the biggest investment that a couple will own during their marriage. Like with everything in a divorce, though, this question doesn't have a straightforward answer.

Dividing Mortgage and House: Community Property 101

In Texas, this means dividing assets according to the laws of community property. In a community property jurisdiction, anything acquired during the marriage by either spouse belongs to both equally—no matter whose name is on the mortgage, deed, loan, or check. Upon divorce, this jointly held property will be divided equally between spouses. On the other hand, anything owned prior to marriage belongs to the spouse who brought it into the union as separate property.

How to Figure Out What You're Dealing With

To figure out the scope and breadth of your combined and separate property, your judge will follow these three basic steps: identify all of your property and debt; characterize all of that property as either separate or marital; and value the property. During this process, it's quite common for spouses to try and undervalue their property and income, claim more than their fair share of separate property, and overinflate their personal needs.

Characterizing the Family Home

While "separate and marital" might seem like clear-cut categories, there's actually a lot more gray area than you might expect—especially when it comes to a house. Consider a house purchased prior to getting married. What happens if you use community money to pay the mortgage or invest in improvements? At that point, even if the house started out as separate property, your spouse gains an interest in it. Keeping detailed, accurate records is the best way to help the court make an accurate classification.

Division: The Final Step

Once the court has gone through all the work of identifying, classifying, and valuing your separate and jointly held assets, it's time to divide them. When it comes to a house, some options include: selling the house and splitting the profits; one spouse keeping the house while the other gets other assets to offset the value; or both former spouses keeping the house temporarily. If you can't decide, your judge will likely order the house sold and proceeds divided.

Divorce Attorneys in Texas

Property division is no walk in the park, and it's a process that becomes even more stressful when there's a family home involved. If you have more questions about how the court handles dividing mortgage and houses during divorce, we want to hear from you. Call us today at (972) 436-8000, or schedule a consultation online, and let us help you get the division you deserve.