Who Gets the House in a Texas Divorce?

 Posted on October 15, 2025 in Divorce

During a divorce, the marital home may be one of the most coveted assets in the marital estate. If you and your spouse cannot decide on what should be done with your house, the ensuing legal dispute may take a long time to resolve. A Denton County, TX property division lawyer can help you address your concerns about the marital home.

At The Law Office of Linda Risinger, we are focused on achieving results for our clients, prioritizing cost-effective solutions through strategic negotiation and advocacy. We understand how complicated property division can be, and we are ready to represent you in contested negotiations for the marital home.

Is a House Considered Community Property in Texas?

Depending on your individual situation, the marital home may or may not be considered shared property. The classification of your home may depend on a number of factors, such as:

• When the house was acquired

• Whether or not the house was received as part of an inheritance

• Contributions made by either party to the upkeep and maintenance of the home

Even if only one spouse’s name is on the deed of the home, the house could still be considered marital property. This is because Texas’s laws about community property maintain that any property acquired during the marriage could be considered the shared property of both spouses, with exceptions for gifts and inheritances made out to one spouse alone (Texas Family Code Sec. 3.002).

How Do Judges Decide Who Gets to Keep the Marital Home?

If your home is considered community property, the judge will make a decision about ownership according to what is "just and right." Considering the value of the marital home, the judge may award the spouse who does not receive the house with a larger share of other community property. The spouse who receives the marital home may also be required to reimburse the other spouse for his or her contributions to the value of the home.

A divorcing couple can also decide how to handle property division on their own. For instance, they may choose to sell the house and divide up the proceeds accordingly.

Considerations for Keeping the Marital Home

During your divorce, you may be determined to keep your house, especially if you have a sentimental attachment to the property. However, you should also consider the financial implications of keeping the marital home. The mortgage will have to be refinanced to remove the other spouse’s name from the house, ensuring that he or she will not be responsible for any payments on the house. Additionally, you may have to renegotiate the terms of the mortgage to reflect your changed financial circumstances.

Contact a Denton, TX Divorce Lawyer

In many divorces, the marital home is the most valuable asset bar none. At The Law Office of Linda Risinger, we can protect your interests in asset division, whether or not you want to keep the marital home. 
We are ready to hear out the details of your case. To schedule a free initial consultation with our Denton County, TX property division attorneys, call our offices at 972-294-6533.