The community property laws in Texas require divorcing couples to divide the assets and properties obtained during their marriage. Chapter 7 of the Texas Family Code specifies that spouses must agree on a “just and right” split for the court to approve a divorce decree.
If you wish to keep your home, you may appraise its market value and then give your spouse his or her share of the amount. Your soon-to-be ex-spouse, however, may need to agree to your taking sole ownership of a shared property for the judge to sign the order.
Keeping property with a mortgage
The home you purchased as a married couple classifies as community property even if only one spouse paid the mortgage. As reported by U.S. News, spouses may file reimbursement claims to recover money used for repairs or making loan payments.
Separate money such as from gifts or inheritances that went toward a down payment may also qualify for reimbursement from your community property. If your home has equity value, you may use it to buy your spouse’s share. You may also refinance your home loan, which takes your spouse’s name off the title and mortgage documents.
Dividing the proceeds after selling the property
The Texas divorce codes recognize each spouse’s income and financial contributions as community property. When both spouses paid for a home loan and its maintenance, taxes and upkeep, they may have an equal share of the home. You and your spouse may decide to sell the home and split the proceeds.
Individuals wishing to take ownership of community property may need to negotiate a trade or buyout with their spouses. A judge, however, may need to see that both spouses agree the decision reflects a just and right division.
