For many couples going through divorce in Texas, the family home is the most valuable—and emotionally charged—asset to deal with. Whether you bought it together or one spouse owned it before the marriage, deciding who gets the house can be complex.
At Haugen Law Firm, P.C. we help clients across the Dallas Fort-Worth area understand their options and make smart decisions about their property. Here’s what you need to know about what happens to the family home in a Texas divorce.
Is the Home Community or Separate Property?
Texas is a community property state, which means that most property acquired during the marriage is considered jointly owned and subject to division in a divorce.
The home is typically community property if:
- It was purchased during the marriage
The home may be separate property if:
- One spouse owned it before the marriage
- It was inherited or gifted to one spouse alone
- There is a valid prenuptial/postnuptial agreement
Even if one spouse owned the home before the marriage, the other may still have a claim to a portion of the equity. For example, if community funds were used to pay down the mortgage or improve the property.
Common Options for Handling the Home in Divorce
Once it’s clear how the property is classified, couples must decide what to do with it. The most common options include:
1. Sell the Home and Split the Proceeds
This is often the cleanest option. Both spouses agree to list the home, sell it, and divide the profits (or losses) based on what’s fair.
2. One Spouse Keeps the Home
One spouse “buys out” the other’s share—either with cash, refinancing, or by giving up other assets of equal value (like retirement funds or vehicles).
Note: If one spouse keeps the home, they should refinance the mortgage in their own name. Otherwise, both spouses may remain financially liable even after the divorce.
3. Co-Own the Home Temporarily
In rare cases—usually involving minor children—spouses agree to co-own the home for a set time. For example, one parent may remain in the home until the youngest child graduates, after which it’s sold or transferred.
What About the Children?
Texas courts prioritize the best interest of the child in custody matters. If the home provides stability and continuity for the children, the court may allow the primary custodial parent to remain in the home—especially if they can pay the expenses associated with the home.
Important Considerations
- Mortgage Liability: If your name is on the mortgage, you’re still financially responsible even if you move out—unless it's refinanced, assumed or sold.
- Title vs. Mortgage: You can be on one and not the other. Divorce agreements must clearly address both.
- Equity Calculations: An attorney can help assess your fair share, especially if you made separate property contributions or improvements.
Work With an Experienced Texas Divorce Lawyer
Dividing a home during divorce isn’t just about emotions—it’s about legal ownership, financial responsibility, and long-term consequences. Having the right legal guidance ensures your rights are protected and no detail is overlooked.
At Haugen Law Firm, P.C., we’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today!