For most adults, it may be difficult to conceive of two more difficult,
time consuming and headache-inducing situations than
divorcing your spouse
selling your home. While both processes are different in most ways, the aforementioned aspects
of either are certainly similarities. Going through either during the
same time period only exacerbates the difficulties.
It is well known that Texas is among those states in the United States
that is a "community property" state. This becomes especially important when considering the nature
of a home that is going to be sold. If a divorcing couple bought the house
after they were married it is most likely going to be
community property. Even if the home was purchased by one spouse prior to the marriage, if
community funds (shared bank account, income that came from employment)
were used to make improvements or pay the mortgage chances are it would
still be community property. The consequences of this designation mean
that both spouses would need to sign the closing paperwork in order for
the home to be sold. Reason being that the proceeds from the sale of the home are
Another possibility based on the above example is that a court may designate
the property as being
separate in nature, thereby allowing the spouse who purchased the house prior to the marriage
to receive the totality of the proceeds, the other spouse may be entitled
to a reimbursement of community funds that were paid toward maintenance
or mortgage payments. It is crucial for attorneys involved to be able
to track and take inventory of all funds that went towards the home during
the course of the marriage. If it appears that community funds were utilized
then both parties most likely have a claim towards the proceeds of the
same in some form or fashion.
The proceeds of the sale of the home may be held in your attorney's
client trust account for safekeeping until the proceeds can be divided
in a divorce settlement or by decision of a court. This way the funds
are kept safe and unable to be manipulated by either party during the
divorce proceedings. All in all, it may be best to hold off on the sale
of your home until after the divorce. It is common for a final decree
of divorce to state the terms of selling the marital home, including putting
it on the market with a licensed real estate agent within a certain amount
of time after the decree is signed off on by all parties and the judge.
This removes a contentious issue from an already contentious situation.
Regardless of your circumstances, the
Houston, Texas divorce attorneys with The Law Office of Bryan Fagan are ready and able to help protect
your interests. Hiring our office not only means that you have retained
counsel who knows
family law in Texas but are familiar with the structuring of real estate transactions
sufficient to allow a smooth
transfer of property, whether it occurs during a
divorce or afterwards.
If you have questions regarding
divorce, it's important to speak with a
Houston Texas divorce lawyer right away to protect your rights. Our
Houston divorce lawyers are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. Law Office of Bryan Fagan handles
Divorce cases in Houston, TX, Spring, Cypress, Klein, Humble, Tomball, the FM1960 area, or surrounding
areas, including Harris County, Montgomery County, Liberty County, Chambers,
Galveston, Brazoria, Fort Bend County and Waller County.