If you and your spouse own a home in Texas and are going through a divorce, you may be wondering who will get the house.
Your Tomball divorce lawyer can negotiate with your spouse’s lawyer and try to come up with a solution that’s fair to both parties. This may mean buying your ex’s interest in the home or giving up assets of equal value. If you and your spouse can’t reach an agreement, the court decides what happens to the house.
Hiring an experienced divorce attorney in Tomball, Texas is the best way to protect your interests.
Who Gets the House in a Texas Divorce?
If you want to keep your home after divorce, you will need to negotiate with your spouse for its fair division. Your spouse may agree to give up their interest in the home in exchange for other assets of equal value. Or, you could buy out your spouse’s interest in the home.
If you are unable to reach an agreement with your spouse, the court may decide what happens to the house. Some of the things the judge will consider include the following:
- The value of the property
- The income and employment history of each spouse
- The needs of any minor children
- When the home was purchased
- How much equity is in the marital home
Will the Marital Home Be Sold?
When it comes to deciding what to do with the marital home during a divorce, there are a few different options.
You and your spouse can agree to sell the home and split the proceeds. Although it may be difficult to let go of a house with so much history, in some cases it could be the most beneficial solution.
Or one of you can buy out the other’s interest in the home. You can also keep the home and continue to live there together, though this option is less common.
If you’re not sure what you want to do with the marital home, your Tomball divorce lawyer can help you weigh your options and decide what’s best for you.
Can Your Divorce Attorney in Tomball Help if the Marital Home Is in Your Spouse’s Name?
If you and your spouse own a home together, your divorce attorney in Tomball may be able to help you keep the home, even if it is only in your spouse’s name.
Many times, couples put one person’s name on the mortgage and deed to the home for tax or other financial reasons. However, this does not mean that the other spouse has no rights to the property.
If you want to keep the home after the divorce, your attorney can negotiate with your spouse’s attorney to have your name added to the mortgage and deed.
In some cases, your spouse may be willing to give up ownership of the home in exchange for something else, such as a larger share of the other assets in the divorce settlement.
If you and your spouse cannot come to an agreement about who will keep the home, your attorney can also file a motion with the court asking that the home be awarded to you as part of the divorce settlement.
Your Tomball Divorce Lawyer Can Negotiate for You to Buy Your Spouse’s Interest in the Home
If you want to keep the marital home in a divorce, your lawyer can negotiate with your spouse on your behalf to buy their interest in the home.
This is often the best option for couples who have children, as it allows them to stay in the family home and maintain some stability during and after the divorce.
Your lawyer will work out an agreement with your spouse that considers all of your financial circumstances. If you can reach an agreement, it will be put in writing and signed by both parties.
Once this happens, you will be responsible for the entire mortgage and any other expenses related to the property.
How Will the Court Decide What Happens to the House in a Divorce?
If you are unable to reach an agreement with your spouse, the court will decide what happens to the house based on what is fair under the circumstances.
The first thing that a court will do is determine the value of the marital home. This can be done through an appraisal or by looking at recent comparable sales in the area.
Once the value of the home is determined, the court will then look at each spouse’s financial situation. This includes things like income, debts, and assets. The court will also consider the needs of any minor children involved in the divorce when making its decision.
If one spouse is unable to afford the mortgage payments on the marital home or there are significant repairs needed, the court may award the home to the other spouse. However, if both spouses can afford the mortgage and there are no major repairs needed, then the court may order that the home be sold and that each spouse receive an equal share of the proceeds.
Reach Out to an Experienced Divorce Lawyer in Tomball for Help!
Given that a house is the biggest asset a couple shares, it’s no surprise that spouses fight over who gets to keep it after a divorce. Often, one spouse may use the marital home as a negotiation tool to help them get what they want out of the divorce.
This is the kind of thing our Tomball divorce lawyers deal with every day. Your divorce attorney can negotiate with your spouse’s lawyer and try to come up with a solution that’s fair to both parties.
We recommend that you contact our office today and schedule your consultation.