Splitting up, and the house is part of it? You have more options than sell it and split the check.
This page walks through how Texas handles the marital home, what your rights are, and what to do if one of you wants to keep it.
Quick steps: dealing with the marital home
- Figure out if the home is community property or separate property
- Get a real number on what the home is actually worth and what’s owed
- Decide: sell and split, one spouse buys the other out, or co-own temporarily
- If keeping it, confirm you can refinance the mortgage solo
- Get everything in writing through the divorce decree, not a verbal agreement
How Texas handles the marital home
Texas is a community property state. Under Texas Family Code Section 3.003, any property either spouse holds at the time of divorce is presumed to be community property, meaning it belongs to the marriage, not just the person whose name is on the deed. If you bought the house during the marriage, it’s almost certainly community property, regardless of whose income paid for it.
If the house was owned by one spouse before the marriage, or received as a gift or inheritance, it’s typically separate property and stays with that spouse, though the community estate may be owed reimbursement if marital money paid down the mortgage or funded improvements.
Not automatically a 50/50 split
Under Texas Family Code Section 7.001, courts must divide community property in a way that’s just and right, not necessarily equal. Judges weigh factors like each spouse’s earning capacity, health, who’s caring for any kids, the length of the marriage, and in some cases fault such as adultery or cruelty. A shift from a 50-50 split to something like 60-40 is common when one spouse is at a clear disadvantage.
Your real options for the house
- Sell and split the proceeds: the cleanest option, especially if neither of you can afford the home solo
- One spouse buys out the other: requires refinancing the mortgage into one name and paying the other their share of the equity
- Co-own temporarily: sometimes used when kids are involved, with a set end date to sell written into the decree
- Offset with other assets: one spouse keeps the house, the other gets a larger share of retirement accounts or other property to balance it out
If selling is the simplest path
When neither spouse wants to keep the house, or refinancing solo isn’t realistic, selling as-is, no repairs, no staging, no waiting months for a buyer, lets you close out that part of the divorce cleanly and split real cash instead of a shared asset. We buy houses throughout DFW and can close on your timeline, including working directly with both spouses and your attorneys.
Family law attorneys who can help
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Helpful resources
- State Bar of Texas Lawyer Referral Service
- Texas Law Help, free legal information for Texans
- Texas Access to Justice, free and low-cost legal help directory
This page is for general informational purposes only and is not legal advice. For guidance specific to your situation, consult a licensed family law attorney.