Who Gets the House in a Texas Divorce?

Who gets the house depends on whether the house is community or separate property. If the house was acquired during the marriage and used by both spouses, it is community property. Therefore, it will be subject to division in a divorce. Since tangible property cannot be divided, there are a number of possible scenarios:

• The house can be sold, and the proceeds divided between spouses.
• One spouse may remain in the house and buy out the other.
• One spouse may remain in the house and give the other spouse assets. These assets offset the home’s value, so the property division is equal.

If the house was acquired by one of the parties before the marriage or after the divorce petition was filed, it is considered separate property. Consequently, it will not be divided in a divorce. That house will likely be awarded back to the original owner.