Can My Spouse Get the House in a Divorce if My Name is on the Deed?
Posted on in Divorce
At its core, marriage is a legal bond created between two people who, at one point in time, vowed to stay together forever. However, not all plans that we make in life unfold in the ways we think they will, and marriage is no different.
When a marriage is no longer working out for either one or both parties involved, divorce may be the solution. While divorce proceedings are designed to result in the dissolution of marriage, there is far more to a divorce than simply ending the legal bond between two people.
There are many details that must be addressed as two people begin the process of getting a divorce, including property division. Dividing assets and deciding on how to allocate shared property can be a grueling experience, but it is far more manageable when you have an experienced family law attorney guiding you through it all.
Property Division in a Community Property State Like Texas
Property division is an integral part of divorce proceedings. It is important to know that not all states view property in the same way. Depending on where you live, your property will either be located in a community property state or a common law property state. For divorce cases in Texas, property would be divided in accordance with community property laws.
What is a Community Property State?
A community property state is a U.S. state that classifies the division of marital property in accordance with the community property system. As such, community property states, like Texas, view property that was acquired by one spouse as belonging to both spouses. As such, in Texas, the income earned and the property gained by one spouse belongs equally to the other spouse as well. The property is communal or shared.
How Does a Community Property State View Property in a Divorce?
One of the most common questions that people have is if their spouse is entitled to the house that they both lived in if their spouse's name is not on the deed. In most cases, the answer may be yes. This is because marital property is usually divided equally between spouses during a divorce in Texas.
However, as with all legal cases, there may be exceptions under certain circumstances. The best way to determine if your spouse is entitled to the house you shared despite not being on the deed is to contact a property division lawyer as soon as possible.
Contact a Plano Property Division Attorney Today
Many legal questions can be answered by referring to state law. However, there can be a lot of nuance to legal matters, especially in family law cases where property division is involved. If you are interested in learning more about your spouse’s rights when it comes to the house you own but both lived in together, it is in your best interest to reach out to a Sachse family law attorney.
Even though Texas is a community property state, you may have options. Speak with Law Office of Brian Bagley by calling (972) 843-7158 and scheduling a free consultation to discuss your case in greater detail.