What Happens When Both Spouses Want the House?
If you are hoping to keep your house in the divorce, it is important that you know the law and have representation from a qualified divorce lawyer.
One of the hardest parts of getting a divorce is not just walking away from your spouse, but also dividing assets that are meaningful to you both. Of those assets, the one that results in the most contention may be the house. At the law office of John Powell III., P.C., our experienced family and divorce law attorney can represent you if you are getting a divorce and you both want the house. Here is what you should know:
What Does Texas Law Say About Dividing Property in a Divorce?
Texas is a community property state. This means that all property that is acquired by either spouse during the course of the marriage is equally owned by both spouses. When spouses are getting a divorce, then, the property must be divided in a manner that is “just and right.” Typically, this is interpreted as being divided in a manner that is equitable and fair, but not necessarily equal.
Ways to Divide a Home in a Divorce
You and your spouse are encouraged to work together to reach a property division settlement on your own without the help of the court. Options for dealing with a house that both people want in a divorce might include:
- One person buys out the other’s half of the house;
- Both parties decide to keep the house, with one person living in it and paying rent to the other;
- The parties decide to sell the house and split the proceeds; or
- One party gets to keep the house in exchange for another asset.
Remember, if you are unable to reach a decision with your spouse about how to split the house in a divorce, the court will do so for you. If both parties want the house, the court will be obligated to do what is most equitable. This could involve giving the house to the party that will have primary custody of shared children, awarding the house to one party in exchange for another asset, or ordering both parties in the marriage to sell the house and divide the proceeds between them. While litigation may end in your favor, it is typically more advantageous to mediate the issues, which gives you more control over the outcome.
Call Our Texas Divorce Lawyer for Help
When your whole life is changing because you are getting a divorce, holding onto your home can feel really important. At the office of John Powell III, P.C., our experienced Texas divorce and property division lawyer can help you to reach a settlement with your spouse or litigate your case in court. We know what is on the line and how to best advocate for our clients. Call us today to learn more about your options and how we can help.