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Who Keeps the House in a Divorce?

Divorce attorneys have a saying that “the house follows the children”, meaning that there is usually a strong preference on the part of a judge to award the house to the parent who is keeping the children. However, just because you can keep the house, doesn’t mean that you should. Being a single parent is stressful. Assuming a large financial burden sometimes makes a difficult situation impossible. Carefully examine your budget, based on what you expect child support to be, and decide if keeping the home makes sense.

You may be concerned about changing the children’s lives as little as possible, but having a parent who is not stressed out and frantic is more important to a child than not moving. Children all over the world move all of the time. They can adjust. You need to take care of yourself as well as your child.

Carefully examine your budget and decide if keeping the home makes sense

If the house belonged to one of the parents prior to the divorce, the judge does not have the ability to take that house away in a divorce. If there are no children, and the house was purchased during the marriage, you may want to consider putting it up for sale and splitting proceeds. That way, both parties share in the cost of the sale, and it is easy to split equity.

If you really want to keep the house, you should be prepared to show that you can make the mortgage payments and that you have been the more financially responsible party during the marriage.

Do you have a family law question that you would like to ask a Texas attorney? Post it in the comments section below, and it may be addressed in a future video.

April 28, 2020

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This information pertains only to the state of Texas and not to any other state. This post or any other information found on this site does not constitute legal advice. This information is provided as general information only. These posts do not create an attorney-client relationship. Your own situation may differ from cases described here. Please seek counsel with a family law attorney before taking any legal action. (This is a law firm, you had to know there would be a legal disclaimer somewhere!)

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