Who Gets the House in a Texas Divorce?

In Texas, it depends first on whether the house is community property or one spouse's separate property. A home bought during the marriage is presumed to be community property and will be divided in a "just and right" manner. That can mean one spouse keeps it and the other receives other assets, one spouse buys the other out, or the house is sold and the proceeds divided.

Community property vs. separate property

Texas is a community property state. Property acquired during the marriage is presumed to belong to both spouses, and the spouse claiming otherwise must prove it by clear and convincing evidence. A house owned before the marriage, or received as a gift or inheritance, is generally that spouse's separate property. But if community funds paid down its mortgage or improved it, the other spouse may have a reimbursement claim. Learn more in our guide to property division in Texas.

Your options for the marital home

• One spouse keeps the house and the other receives assets of comparable value.

• One spouse buys out the other's equity, often by refinancing.

• Sell the house and divide the proceeds.

• Deferred sale: one spouse stays in the home for a set period (for example, until a child finishes school), then it's sold.

How a judge decides who keeps the house

If you can't agree, the court considers factors such as each spouse's ability to afford the home, which parent has primary custody of the children, each spouse's income and earning capacity, and the overall division of the estate. Keeping children in their home and school often weighs heavily.

What happens to the mortgage?

A divorce decree divides property between spouses, but it doesn't change your loan with the lender. If your name stays on the mortgage, you can remain liable even if your ex keeps the house. That's why buyouts usually require the keeping spouse to refinance into their own name within a set deadline.

Who stays in the house during the divorce?

While the case is pending, spouses can agree on who lives in the house, or the court can issue temporary orders granting one spouse exclusive use. Moving out doesn't mean giving up your ownership interest, but it can affect custody arrangements, so talk to your attorney before you move.

Frequently asked questions about the house in a Texas divorce

Is the house automatically split 50/50 in a Texas divorce?
No. Texas courts divide community property in a "just and right" manner, which is not always an equal split. The house may go to one spouse with offsetting assets to the other.

If the house is only in my name, is it mine?
Not necessarily. Title alone doesn't decide ownership. A home bought during the marriage is presumed to be community property regardless of whose name is on the deed.

Can I be forced to sell my house in a divorce?
Yes. If spouses can't agree and neither can buy out the other, a court can order the home sold and the proceeds divided.

Should I move out of the house during a divorce?
Talk to your attorney first. Moving out doesn't forfeit your ownership, but it can affect temporary custody arrangements and your negotiating position.

Protecting your home starts with understanding your rights. Call 972-712-6700 to speak with our team.