Living In Texas, Who Gets To Keep the House After A Divorce?
Thinking of divorce can be terrifying. Signing those papers can completely change your life in a heartbeat. Not only are you separating from your significant other, but you also must think about your kids (if you have any) and finances. Also, if you both bought a house together, who will be the one to stay with the house? This can be a difficult situation in Texas but getting the right attorney will assist in helping you and giving you the best options for your assets and can also help determine who will get what.
Who can stay in the house during the divorce process?
Divorces can take up to one year to finalize due to disagreements between the spouses. It is rare to see the process move quickly, and spouses come to agreements quickly. During this time, you are probably asking yourself “who gets to stay in the house?” There are no rules when it comes to who gets to stay in the house. Both spouses have the right to live in the house throughout this entire process. If you don’t want the other person living in the house, you can file a temporary injunction which can prohibit one from doing certain things. An example can be, if your spouse is abusive to your child, a judge can deny access to that person from entering the house. In this case, this can last throughout the entire process of filing a divorce. Getting a trusted family lawyer will aid in this process of keeping you and your children out of harm’s way in the case of a potential domestic dispute.
After the divorce process in Texas, who is staying with the house?
This is the question we all want the answers to. It all depends on whether your house is a separate or community property.
What is the difference between the two properties mentioned above (Separate and Community)?
Separate property is if your spouse bought that property before your marriage with you not having anything to do with it. Community property is when a property was bought throughout your marriage no matter under who’s name it is. During a divorce, the judge will only divide anything that has to do with the family property between the two spouses. Each spouse keeps the separate property.
Do you need to show proof of Separate Property to the attorney?
Yes! In Texas it is common to assume that the Sperate Properties you own are all Community property. Therefore, it is key that you show clear and detailed proof as to why your property is considered Separate.
If the house was purchased together, who gets to stay with the house?
If your home is considered a community property and it was purchased during your marriage, then the court will divide it in a way that is fare for each party depending on their own rights. It is more complicated than it seems. The judge must put into factor the income of each, finances, abilities, who had the fault in the marriage, age, conditions, education, etc. There is no specific way to determine who will end up with the house, but it is always good to know what the attorney/judge will be factoring out during this process and that way you can also be more prepared of the proof you might need to show. At the end of the day, the house can go to either or so just be sure to have all your evidence clear and ready.
What happens if you’re the one that doesn’t end up with the house?
There are many options that the judge may provide such as your spouse (the one that keeps the house) buying your interest and then refinancing it or buying you other assets that will balance the price of the home. If that doesn’t work out, they will even make the both of you sell the Community property home that was bought together during your marriage and split the money.
At the end of it all, in Texas it all depends on your quality of life. With the evidence and proof, you must show, it shouldn’t be a problem if you’ve done nothing wrong. Hiring an attorney is highly recommended so that they can assist you with every step of the way.