For many couples, the family home is more than just a roof over their heads—it’s where memories were made, kids were raised, and life was built. So when a marriage ends, one of the first questions people ask is, “Who gets the house?”
In Texas, dividing property during divorce isn’t always straightforward. Community property laws can complicate things, and emotions can cloud judgment. If you’re going through a divorce in Austin or anywhere in Texas, understanding how the court views property—and how to prepare yourself—can make all the difference.
First, Know This: Texas Is a Community Property State
That means anything you and your spouse acquired during the marriage is presumed to be jointly owned, regardless of whose name is on it. So even if you paid the mortgage from your own income or your name is the only one on the deed, the court may still treat the house as community property.
On the other hand, if you owned the home before the marriage, received it as a gift, or inherited it, it might be considered separate property—but even then, it gets tricky. If marital funds were used to pay the mortgage or improve the property, the lines can blur fast.
Ask yourself:
- Did you buy the home before or after the wedding?
- Have you refinanced, remodeled, or paid the mortgage with joint funds?
- Is the house in both names, or just one?
These details matter—and the court will look closely at them.
Who Keeps the House After Divorce?
There’s no automatic rule. The court will look at the overall property division and try to split assets in a way that’s “just and right.” That doesn’t always mean 50/50. If one spouse keeps the house, the other might get more of a retirement account or another asset to balance things out.
If there are children involved, the parent with primary custody is often awarded the house—at least temporarily—so the kids can remain in a familiar environment. But even that isn’t guaranteed.
So if you’re hoping to keep the home, ask yourself:
- Can you afford the mortgage, taxes, and upkeep on your own?
- Will you be able to refinance the loan in your name?
- Are you willing to give up other assets in exchange?
Wanting the house and being able to maintain it are two very different things.
What If You Both Want It?
This is where things can turn ugly. If both spouses want to keep the house, the court may order it to be sold and the proceeds divided. That can be painful—especially if neither person truly wants to let go, but can’t agree on a buyout or refinance.
The cleanest solution? One spouse buys out the other’s equity in the home. That way, one person walks away with the house, and the other walks away with a fair share of its value.
But again, that only works if the buying spouse has the credit and income to refinance on their own. Otherwise, the only remaining option may be to sell.
What If You Want to Co-Own the House After Divorce?
Some couples choose to co-own the home temporarily, especially if kids are involved. One parent lives in the house with the children, while both continue to share financial responsibility.
It might work—temporarily. But it requires strong communication, trust, and a clear written agreement. Who pays for repairs? What happens if one person wants to sell later? If you’re considering this route, talk to your attorney about how to protect yourself if circumstances change.
Don’t Let Emotion Cost You Long-Term
Divorce already takes a toll. But clinging to the house out of emotion can backfire if it leaves you financially unstable. We’ve seen people fight hard to keep a home they can’t afford—only to fall behind on payments, lose it down the road, and regret the decision.
Ask yourself: Is this house really what I want long-term, or is it just what I’m emotionally attached to right now? Could letting go give me a fresh start—and financial relief?
There’s no right answer for everyone. But the more clarity you have going into the process, the better your outcome will be.
Final Thoughts
Dividing property during divorce is rarely black and white—especially when it comes to the family home. In Texas, who gets the house depends on when it was acquired, how it was used, and what both parties are willing to negotiate.
At Sandoval Family Law, we help clients in Austin and throughout Texas understand their rights, evaluate their options, and create a plan that works for their future—not just their present emotions.
Need help figuring out what happens to your home in divorce? Contact us today.