Dividing Real Property in a Texas Divorce

In Texas, dividing real property during a divorce can be a complex process. It involves equitable distribution of assets, including the family home, to ensure a fair outcome for both parties. Understanding Texas laws and considering various options, such as selling the home or one spouse buying out the other’s interest, is crucial in this pivotal aspect of divorce proceedings.

If you are getting a divorce, prepare to understand the process of dividing your marital home. You and your spouse must decide if either of you will stay in the home post-divorce. Moreover, if selling the home becomes necessary, you both need to agree on who to hire for the sale and how to split any potential equity.

The following are the two primary ways spouses tend to handle their marital home in a divorce.

Selling the Home

You and your spouse can decide to sell the house and split any equity after clearing the mortgage. This method, often deemed the “cleanest,” mirrors what a judge might order in a trial.

Judges prefer this option as it’s clear-cut, avoiding process-related confusion. Simply list the house, sell it, and release yourselves from the home loan’s burden.

However, the downside is clear: you, your spouse, and any children must find new housing. Amidst the uncertainty and instability of divorce, losing a stable environment can be challenging.

One Spouse Deeding the House to the Other

In a divorce, one spouse can address the marital home by vacating and transferring their interest in the property to the other spouse. If you become the managing conservator of the children, you might have the opportunity to stay in the home, provided you can afford the payments.

Transferring home ownership requires a Special Warranty Deed, which the departing spouse must sign. This ensures you own the home without any claims from your ex-spouse. It’s crucial to record this deed with the county clerk or the appropriate real estate records office in your county.

However, winning the home in a divorce also often necessitates refinancing your mortgage. Refinancing removes your spouse’s name from the loan, releasing them from liability should loan payments fall behind.

Dividing real property in a Texas Divorce

What happens if you cannot refinance the mortgage? This is likely if your credit score, income history, or another factor will not allow you to refinance.

Both spouses remain liable for the home mortgage debt, even if one spouse deeds their home interest to the other. This can lead to unfavorable trade-offs.

Regardless of the divorce decree, the home mortgage lender’s stance remains firm. If the divorce doesn’t award any part of the home to your spouse, they’re still accountable for the loan. This obligation continues until full repayment, as stated in the lender’s documents.

Deed of Trust to Secure Assumption

A lawyer can help level the playing field by drafting a Deed of Trust to Secure Assumption. As the spouse staying in the home, you assume the mortgage debt and payment responsibility. Your spouse, in return for transferring their home interest to you, gains the right to foreclose if you default on payments.

This option allows them to attempt to repurchase the house and refinance independently, thus removing your name from the home, or to settle the note themselves. Essentially, your ex-spouse holds a second lien on the house.

The paperwork steps, though seemingly complex, actively safeguard your and your ex-spouse’s interests moving forward. In your divorce, aim for the peace of mind that comes from making decisions that will benefit you in the long term.

As your house is perhaps the most important investment you will ever make in your life, it is essential to handle it in your divorce the correct way. Your attorney will walk you through your options and help you decide your and your family’s best interests.

Questions about your home regarding a pending divorce? Contact the Law Office of Bryan Fagan, PLLC

No matter how your house is dealt with in your divorce, you should know that it is normal to feel apprehensive no matter what you would like to see happen. The advice of an experienced attorney is critical to assisting you through the many steps associated with the sale, refinance, or conveyance of your marital home.

The attorneys with the Law Office of Bryan Fagan, PLLC, are available six days a week to meet with you to discuss any questions you have regarding your marital home in the context of a divorce. A consultation is free of charge and is available six days a week.


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Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with ar Spring, TX Divorce Lawyer right away to protect your rights.

A divorce lawyer in Spring, TX, is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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