There are few assets more important to married couples than their home. After all, despite often being a couple’s most valuable asset, a home is also a highly sentimental asset. It’s where families have dinner together, unwind at the end of the day, and customize to their liking. Unfortunately, when couples get divorced, they often find themselves very worried about the future of their marital home. Please continue reading and reach out to our experienced Montgomery County marital property division lawyer today to learn more about who will get the house in your divorce and how our firm can help you through the process ahead.
Who is entitled to get the house in a divorce in Texas?
The first thing you should understand is that Texas is a community property state. When couples get divorced, courts will determine which property is considered community property and which is considered separate property. Typically, separate property is not distributed between spouses in a divorce and consists of assets such as gifts from friends/family, inheritances, and more.
However, in most cases, the house in which both spouses live is considered community property, which means that the marital home is, often, subject to property distribution. Even if the home was acquired prior to marriage and is titled in the name of just one spouse, it may still be considered community property.
Courts will consider a wide array of factors when determining who gets to keep the house in a divorce. If there are children involved, the strongest factor for the court is likely to be whom the children will be living with. If only one party is obligated on the mortgage, that would be a strong factor as well, as would the ability of the parties to demonstrate that they had the ability to make the mortgage payments after the divorce. If the family of one of the parties contributed funds to the home, that influences some judges as well. Other factors that may come into play are the intent of both spouses at the time they purchased the home, and the funds considered by the lender before granting a loan. Click here if you would like to read the statute concerning property division in Texas.
There are multiple factors at play when it comes to determining which spouse will get to keep the house, which is why it is always best to proceed with an experienced The Woodlands, Texas divorce lawyer in your corner. Our firm can evaluate your situation, give you an idea of where you stand, and, from there, fight for the outcome you’d like to see. Give us a call today so we can get started.
Contact Our The Woodlands, Texas Firm
If you are looking for an expert Montgomery County divorce lawyer, Bolton Law is the right law firm for you. Bolton Law’s legal team handles all family law matters, including divorce, child custody, child support, spousal maintenance, and much more. Contact Bolton Law today to schedule your initial consultation.