Getting a divorce can change your life, finances, and relationship with your children. Another significant change is that the court can either award you or your partner the marital house. The court bases its decisions on this matter on a variety of factors.
You need an experienced Texas divorce attorney to help create the best strategy for dividing your marital assets.
Texas Divorce Who Gets The House
How Is Property Divided In A Texas Divorce?
The time period it takes for a divorce to be finalized depends on whether key agreements are reached early in the case. Generally, a divorce can take 4 to 12 months. During that time you and your spouse have a right to live in the marital home but sometimes one spouse has to move out.
A court can order one spouse to leave the house after the other spouse files a motion of temporary injunction. A spouse may seek an injunction if they want the court to prohibit a party from taking a specific action or want the court to force a party to do something.
Before a court issues an order, there is an injunction hearing. At the hearing, the court will listen to what the party that filed the motion for a temporary injunction has to say. A court may ask a spouse to move out for various reasons.
The spouse may be forced to leave until the divorce is finalized.
Who Is Likely To Get The House In The Final Decree
How Is A House Split In A Divorce In Texas?
Who gets the house depends on whether the house is a community property or separate property. Community property is the property that was acquired during the marriage. Your home is community property if you and your spouse purchased it during the marriage.
Separate property is the property you purchased before marriage as well as property you inherited and gifts you got during the marriage. Some examples of separate properties include:
- Settlements you got from a personal injury case during the marriage. But any compensation for lost wages, loss of consortium, or earning capacity is not included.
- Any asset or item that you or your spouse were given as a gift or inheritance
- Any property you or your spouse owned before the marriage
Proving Property Is Separate Property
How Are Assets Divided In A Texas Divorce?
The law does not recognize the property you acquired before marriage as separate property. You have to provide proof that certain assets or real property are separate property and not subject to property division. The evidence you provide must be clear and convincing.
Your divorce lawyer can help you gather the necessary evidence to prove that a particular property or asset is not community property.
What Happens If You And Your Spouse Purchased The House Together?
When the title of a property has both spouses’ names, the court will divide it in a “just and right manner”. The court considers the children’s best interests and the rights of the spouses. Other factors the court considers include:
- The spouses’ income disparities
- The needs and financial condition of each spouse
- The age disparity of the spouses
- Separate property owned by each spouse
The court has a lot of discretion in this matter and can consider other factors not listed above.