Who gets to keep the house during divorce is best determined by examining the total amount of community property acquired and the total amount of debt incurred during the marriage. Texas is a community property state, and the value of the community property is evenly divided between the divorcing parties. Separate properties are those that belong to one spouse or the other, such as inherited property or intellectual property. Separate property is not divided upon the dissolution of the marriage.
Who gets the house is a financial and an emotional decision. One spouse may be able to purchase the house from the other. If the children are already grown, it may be easier to sell the home and divide the proceeds evenly.