Who Gets the House in a Texas Divorce?

When couples decide to part ways, one of the most emotionally and financially charged questions is: who gets to keep the house? In Texas, where community property laws apply, the answer isn’t always simple. From mortgage responsibility to equity buyouts, property division can get complicated, especially when both spouses want to stay.

In this guest blog, we’ll walk through how courts typically handle the marital home, what options divorcing spouses have, and why legal guidance from an experienced property division lawyer or family law attorney can make all the difference.

Understanding Community Property in Texas

Texas is a community property state. That means most assets (and debts) acquired during the marriage are considered jointly owned. So, the house you bought together? It likely belongs to both of you, even if only one name is on the deed.

This principle applies whether one spouse earned more money or paid more toward the mortgage. Unless the home was gifted, inherited, or kept separate (which requires proof), it’s usually subject to equal division.

That doesn’t mean every asset is split down the middle. Texas courts aim for a “just and right” division, considering factors like:

• Each spouse’s earning capacity
• Who has primary custody of the children?
• Fault in the breakup (if any)
• Contributions to the household, financial or otherwise

An experienced property division mediation attorney in Houston can help couples reach agreements without litigation, especially when it comes to emotionally charged assets like the family home.

Learn how community property impacts your biggest asset

Can You Both Keep the House?

Short answer: no, not practically. Unless you’re planning to cohabitate post-divorce (very rare), one person usually buys out the other’s share, or the house is sold.

Here are the main options:

1. One Spouse Keeps the Home

If one party wants to keep the house and has the financial means, they may offer an equity buyout. This means they pay the other spouse for their share of the home’s value, either upfront or by offsetting it with other marital assets (like retirement funds or vehicles).

This route often works well if:

• The custodial parent wants stability for the kids
• The house has emotional significance
• Refinancing is financially viable

Daniel Ogbeide Law regularly supports clients navigating these buyouts, ensuring that valuations are fair and no one is left financially overextended.

2. Sell the House and Split the Proceeds

If neither party can afford to keep the house—or emotions are running too high to negotiate fairly—selling is usually the cleanest option.

In this case, the house is listed, sold, and the net proceeds are divided. An enforcement attorney can step in if one spouse tries to delay the sale or refuses to cooperate.

Selling also allows both parties a clean slate. It avoids lingering financial ties, which can be helpful if the relationship was particularly contentious.

3. Temporary Use Orders

Sometimes, one spouse stays at home temporarily during the divorce proceedings. A family court lawyer can help request temporary orders to assign use of the house while things are sorted out. This can be especially useful when children are involved, helping them maintain a sense of routine.

Buying out your ex? Know your equity rights first

What Happens If Both Parties Want the House?

This is where things get tricky. If both parties are emotionally invested and financially capable, the court must step in to decide.

Some factors a judge might consider include:

• Who has primary custody of the children
• Each spouse’s ability to afford the mortgage and upkeep
• The property’s emotional or practical value to either party
• The risk of future disputes if joint ownership is continued

At Daniel Ogbeide Law, their family law and litigation attorneys have handled many cases where disputes over the house threatened to derail the entire divorce. Their role is to present a compelling argument, backed by financial documentation and legal precedent, to show why their client should retain the home—or why a sale is the fairest path forward.

The Role of Postnuptial Agreements

Sometimes, the question of who gets the house was already decided—long before the divorce—via a postnuptial agreement. These legal documents, signed after marriage, can clarify ownership of assets and help prevent future battles.

While not every couple has a postnup, those that do can save significant time and expense. Daniel Ogbeide Law also assists couples with drafting and enforcing such agreements to protect their property and peace of mind.

What If Domestic Abuse or CPS Is Involved?

When CPS lawyers or protective orders come into play, homeownership may be affected by safety concerns. If one spouse is legally removed from the home, they might still be entitled to their share of equity, even if they can’t return.

Similarly, CPS attorneys may help parents regain custody or housing rights when allegations arise during a divorce. Daniel Ogbeide Law takes these cases seriously, offering clients support that prioritizes both safety and fairness.

Don’t let a home battle stall your divorce—get legal clarity fast

A Word on Mortgage Responsibility

Keeping the house is more than just a win in court—it comes with financial responsibility. The person who retains the home must also refinance it in their name. That’s easier said than done, especially if the couple’s combined income originally qualified for the loan.

Daniel Ogbeide Law emphasizes smart planning in these cases. If refinancing isn’t an option, the firm helps clients explore realistic alternatives to avoid default or future disputes.

Why a Good Lawyer Matters

Property division isn’t just about spreadsheets. It’s about lives, homes, and futures. When your house is on the line, you need someone who’s not only skilled in Texas family law but who listens and fights for what matters to you.

The attorneys at Daniel Ogbeide Law understand that. Whether through mediation or courtroom representation, they bring clarity and confidence to every step of the process.

Protect What You’ve Built

Whether you’re trying to keep the home you raised your kids in or make sure you walk away with your fair share, Daniel Ogbeide Law has the experience to guide you. Their team of property division lawyers, family law attorneys, and contested divorce attorneys in Houston is committed to helping clients through every stage of separation, from strategy to resolution.

Ready to make informed decisions about your future? Contact Daniel Ogbeide Law today to schedule a confidential consultation.