Who will Receive the House of a Couple that is Divorcing?

 Posted on September 12, 2023 in Divorce

Of all your assets, it is probable that the worth of your house is the most valuable. It is also likely a place where you feel comfortable and at ease. Because it is of great importance, you may be worried about this issue. If you are in the process of getting a divorce, you might wonder: Will you receive the rights to your house?

Like most areas of law, the answer to this question is not simple. But, with dedication and effort, a suitable answer can be discovered. In order to find a solution that aligns with your needs, we suggest you contact a Texas lawyer who can assist you. Here at Brandon Wong & Associates, we are here to help you navigate your journey.

House Allocation: The Relevant Options

In the state of Texas, all property acquired during a marriage is considered "community property." This means that in the eyes of the law, all assets bought during a union belong to both partners. Since both partners are typically the owners of the home, the question remains: Who will receive the property?

A couple has a few options to solve this dilemma. Here are a few examples:

• One partner buys the property from the other. The former will stay and live in the house, while the latter will live elsewhere.

• Both partners sell the property. The money from this exchange will go to both parties.

What if a Couple Disagrees on Their Options?

Unfortunately, there are times when a couple does not agree on how to split their property. If this is the case, then the pair might be required to attend mediation. If this does not work, the case will proceed to litigation and the couple will each make their arguments before a judge. If there is a conflict about how to divide property, a judge can:

• Force the couple to sell the home. In this situation, the proceeds may be allocated equally among the couple. 

• The judge can choose one partner who will receive the property. The partner who does not receive the right to the home will be rewarded with other assets that the couple has. 

• Rarely, a couple that gets along well will continue to co-own a home after divorce, especially if minor children will continue to live there.

Schedule a Meeting with a San Antonio, TX Divorce Attorney

When there is doubt as to what will happen to your home, it can be very disconcerting. This is especially true if one has children. If you are thinking about divorce and you own a home, you need to know your rights. Contact a Bexar County, TX family law attorney at Brandon Wong & Associates. You can contact us online or at 210-201-3832. We will give you help tailored to your situation, and we are confident that we can make a real difference in your case.