Most Texas divorce proceedings will require some kind of division of assets. Because a house often represents a significant marital asset for a couple, it can be a major factor in a divorce. There are a variety of factors that can determine how a house may be divided.
All assets acquired during a marriage are subject to division during a divorce. Only certain assets that are considered separate property are exempt. Most of such assets will be those acquired before the marriage or awarded to only one spouse by inheritance. The family home is unlikely to fall under separate property. Therefore, its division can be done either through an agreement by the couple or by the judge's decision. An agreement between the divorcing individuals is almost always easier than a court-ordered decision.
Two key factors will be considered by the judge if they are forced to make the decision. The first is whether or not one spouse can afford the home, afford to buy out the other spouse's interest in the home, or if there is a roughly equal asset that could be given to the other spouse. If none of these is an option, the judge can order the sale of the home and have the proceeds divided. Children are another major factor, and whichever parent is awarded primary custody will have a much greater likelihood to also get the house.
A Texas divorce attorney might be able to help a couple avoid forcing the court to decide asset division. As an alternative, mediation could help a couple save a great deal of time and money.