Dividing Mortgage and House: Who Gets the House?

Child custody and property are the two biggest pillars of divorce. As for the family home… this is the battleground where they meet, head-on. Not only does a house function as the physical structure keeping your children out of the cold, but it's also often the single biggest investment that a couple makes during their marriage. So, between memories and money, there's a lot to fight for within these four walls.

Community Property and the Family Home

Unfortunately, there's no set formula for determining who gets the house in a Texas divorce. Instead, the answer will come down to how the rules of community property end up interacting with the facts of your situation. Under community property, anything that either spouse collects while married belongs to both spouses equally regardless of whose name it's in. In contrast, assets received before or after marriage are considered separate property.

1. The House Was Purchased Prior To Marriage

If everything you bring into marriage with you is considered separate property, then a house purchased prior to tying the knot should belong to you outright when you divorce—under certain circumstances. For instance, if you bought the house and paid it off before getting married and never even lived in it once you were. But short of a valid prenup, anything you acquire while married belongs to both of you equally—and that includes paychecks. Hence, if you're paying off the mortgage with marital money, there's a good chance the home no longer belongs to you outright anymore.

2. The House Was Purchased During Marriage

A home purchased while married, with marital assets, and for the benefit of the marriage is a much easier scenario. Here, the most likely outcome is that the house belongs to both of you equally and will need to be divided alongside other marital assets.

3. The House Was Purchased After Marriage

Most post-marriage purchases aren't going to affect your ex-spouse. In the eyes of the law, you are no longer a single entity, so the investments and acquisitions either of you make afterwards won't affect the other. Note that even if you weren't living together at the time of separation, if your divorce is not legally finalized, new home purchases would still be considered marital property.

How to Divide the House?

The simplest and cleanest option is for couples to sell the house and divide the remainder along with the rest of the marital property. If children are involved, judges will often try to award the house to the custodial parent. When one spouse keeps the house, the other will need to be compensated for their share of the value—either through a buyout, being awarded other marital property of equal value, or refinancing.

Divorce Attorneys in Texas

Your family's home represents a significant investment of time, money, love, and dedicated care. Whether you want to keep the house or simply want to ensure you get your fair share, we want to hear from you. Call the North Texas Family Lawyers team today at (972) 436-8000, or schedule a consultation online, and let us help you answer the question, "Who gets the house?" in your Texas divorce.