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Will I be able to keep the house when I divorce?

The longer we live in a particular residence, the more it becomes a part of us. Houston residents can definitely become attached to their homes. This is why dividing the family home during a divorce can become an emotional affair. If both spouses become obsessed with holding onto the residence, and there is disagreement about who will keep it, dividing the family home could result in a prolonged and costly divorce process.

The more you know about how residences are handled in Texas asset division cases, the better of you'll be in approaching the division of your residence. Here is what you should know:

-- If you owned your home outright, if it was fully paid off before you got married and if you kept the home in your name only during your marriage, then you might be able to claim it as personal property. However, any valuation increases that affected the property after the date of marriage will need to be factored into the marital estate for asset division purposes.

-- If you've always been the primary caretaker of your children, and you will be the one with whom the children live, you'll probably be entitled to remain living in the family home. Texas courts tend to honor the fact that if children can stay in the same residence, a divorce will not have as disruptive of an effect on their psyches.

-- If you bought the home after you got married, if you paid for most of the home after you got married and if either you or your soon-to-be ex wants to keep living in the home, you should consider whether you or your spouse can afford to take out an additional mortgage. The one who stays in the home may need to pay off the other spouse for his or her share of the home, particularly if the marital estate is not big enough to compensate the other spouse with other shared assets.

Do you require insight about how your home will be treated in your Texas asset division proceedings? The Barker Law Firm, PC, is here to help. Our skilled divorce lawyers regularly assist Texas residents in navigating their asset division proceedings.

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