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In My Texas Divorce, Will My Wife Automatically Get to Keep the House?

Posted on in Property Division

Wylie, TX divorce attorneyWhen going through a divorce, property division is often among the most significant concerns for both parties. In Texas, as in other states, determining who gets to keep the marital home can be complex and deeply emotional, as both spouses may have a strong personal connection to the home, especially if they have raised a family there. 

While there is no automatic rule favoring one spouse over the other, several factors come into play when deciding who keeps the marital home. Today, we will explore key considerations that may affect this important decision in a Texas divorce. Your divorce attorney will be an essential resource for you as you navigate the many complexities of divorce and property division. 

Emphasizing Individual Circumstances

It is important to remember that every divorce case is unique. The division of property, including the marital home, is heavily influenced by individual circumstances, which vary from case to case. Some important factors include the value and equity in the house, each spouse’s financial position, custody arrangements if children are involved, and both parties’ specific requests and wishes.

Community Property Principles

Unless the home qualifies as separate property under Texas community property guidelines, it will be presumed to be community property and thus subject to division. However, this does not mean either spouse is automatically entitled to a share. The court aims to achieve a fair and just division of assets, rather than an equal one, which is known as “just and right” principles in Texas.

Equitable Distribution During Divorce

Divorcing couples are encouraged to create their own property division agreement whenever possible. When a couple cannot agree, however, the concept of equitable distribution guides the division of property during a divorce. This means a court will consider various factors to determine what is fair based on the circumstances. These factors may include the earning potential of either spouse, each spouse’s financial contributions to the marriage, as well as other relevant considerations.

The Impact of Custody Arrangements 

When children are involved, custody arrangements may significantly influence who gets to keep the marital home. The court will prioritize the best interests of the children. If it is better for them to remain in the family home with one parent, that can weigh heavily in favor of that spouse retaining possession of the house. However, it is important to understand that this is not an automatic rule by any means. 

Contact a Parker Divorce Attorney

While determining property division and other important divorce matters, consult an experienced divorce attorney to navigate the process and explore potential solutions that match your needs and circumstances. For personalized legal assistance, contact the distinguished Wylie divorce lawyer with the Law Office of Brian Bagley. Call 972-422-2424 for a free consultation. 

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