Individuals preparing for divorce in Texas often have questions about the process ahead. Economic concerns are relatively common, as many people have heard exaggerated or outright falsified stories about unfair divorce outcomes. Many people delay divorce in part because they worry about the practical consequences of splitting their property. If the spouses purchased a home together, they may disagree about how to address that property when they divorce.
Which spouse is likely to keep the home after the courts finalize their divorce?
Many factors influence asset distribution
There is little certainty in the property division process unless spouses already have a marital agreement. Those who have signed prenuptial or post-nuptial agreements may have already established clear standards for certain assets. For example, the spouses may have agreed that the spouse with a prior investment in the home can retain it if they divorce. In some cases, marital agreements even designate the home as separate property to prevent claims of commingling that could put its ownership at risk during a divorce.
Without a marital agreement in place, either the spouses or the courts decide what happens to the house. One spouse might decide to leave the home to preserve the peace. That does not necessarily mean they lose their interest in the property or their right to regain possession after the divorce. Factors including custody arrangements for minor children and the economic circumstances of the spouses, as well as their health, can influence decisions related to possession of the home. For some families, letting the spouse with more parenting time stay in the home is the best option because it keeps things stable for the children.
Other times, both spouses may want to keep the home, and children may not be part of the equation. The ability to afford a mortgage and maintain the home could influence the terms that the spouses set. If they cannot reach their own arrangements, then a family law judge makes the final determination. Judges applying the community property statute may decide to award the home to either spouse depending on what they view as fair.
For those who prioritize staying in the home above everything else, looking for ways to settle outside of court can help ensure that they. Otherwise, a judge makes the final decision, and it can be very difficult to predict exactly what a judge might decide.
Reviewing one’s marital estate and learning more about community property statutes with a skilled legal team can help those preparing for divorce develop a viable strategy. Spouses with realistic expectations and appropriate support can push for terms that they view as reasonable given the circumstances of their marriage and the details of their divorce.
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The Bowen Law Firm, PLLC
14202 Champion Forest Drive
Houston, Texas 77069
713-574-7777
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