If you are heading for a divorce, you probably have more questions than answers, especially regarding property division. One of the most common concerns divorcing partners have is about who will get the family home.
Texas property division law outlines what might happen to your house in a divorce.
What is Texas community property law?
Texas is a community property state, which means anything you or your spouse purchased during your marriage is marital property owned by both of you. If you bought your home during the marriage, no matter who is on the deed, your spouse legally owns part of it. You have some options when it is time to divide the property. For example, you or your spouse can buy the other half of the property and become the sole owner, or you can sell the house and split the profit. You will have more control over the property division outcome if you and your ex can negotiate an agreement outside of court, where a judge makes the decisions for you.
When is a house separate property?
There are a few scenarios where your house is separate property and not eligible for division. If you or your spouse bought the house before your marriage, one of you inherited the property or someone gave either of you the property as a gift, it is separate property, and you do not have to divide it in the divorce.
Divorce is complicated, and you are not alone in this. Understanding Texas property laws can help you simplify the process, avoid the unexpected and plan for the next chapter of your life.