What happens to a house in divorce

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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