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Community Property Law on the Marital Home

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.

An amicable relationship between the parents is best for each child, so some parents choose to delay selling the home if it causes conflict. It might be considered in the best interest of the children to let them grow up in the family home. California law prohibits one homeowner from locking the other homeowner out of the family home. When husband and wife cannot agree on who gets to keep the house and who has to move out, a judge can decide for them.

An experienced family law attorney understands the divorce process and may help mediate the division of community property acquired during a marriage or represent either spouse in family or divorce court. The family law attorney may help a divorcing parent obtain child custody, child support and temporary alimony orders as well as divide marital assets prior to the final divorce decree that orders the dissolution of the marriage.