What happens to a house in divorce

UPDATED: Oct 1, 2022

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What happens to a house in divorce

I filed for divorce recently wondering what
happens to our house after divorce is final?

Asked on May 29, 2018 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The court will do one of several things with it, such as:
1) order that it be sold immediately and the proceeds be split;
2) let one of you live in it for a time, with an order that at some point (e.g. when children are grown) it be sold and proceeds split;
3) give the house to one of you, with an adjustment in what else that person gets (e.g. less money or other assets) to compensate;
4) whatever else the court feels is fair and approriate, taking into account when the house was bought (pre-marriage; if it predated marriage, it will likely stay with the person who bought it), who paid for the house; how long you have lived in it, each spouses' financial situation, whether either spouse needs to stay in that home for proximity to work or medical care, and whether there are minor children and who they will live with.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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