Jump to Navigation

Dealing with the primary residence in a Texas divorce

Texas and other states with community property laws require family law judges to divide marital property equally, and this may lead them to order a divorcing couple to sell their primary residence and split the proceeds evenly. Spouses who wish to avoid this fate may claim that the residence concerned is separate and not marital property if they owned it prior to getting married, but these claims may not withstand judicial scrutiny if marital income has been used to cover running expenses and other overhead costs.

When couples wish to avoid the strict implementation of community property laws, they may enter into negotiations to draw up a divorce settlement. Spouses who do not wish to move out of the primary residence may seek to buy their partner's share or offer them assets such as investments or artwork in exchange. Spouses who agree to give up real estate interests in this way may be wise to insist that any outstanding mortgages be refinanced, as settlements will not absolve them of their obligations to the lender should loans fall into arrears.

Even judges in states with equitable distribution laws may balk at ordering a primary residence to be sold when there are young children involved who could suffer emotional trauma as a result. When deciding whether or not to order the sale of a couple's primary residence, judges may study the incomes of the spouses involved to see if they earn enough to cover the costs of running the home on their own.

Property division negotiations can be particularly heated in high-asset divorce cases, and the strict implementation of community property laws often hangs over proceedings. Experienced family law attorneys may recommend mediation if negotiations prove fruitless.

No Comments

Leave a comment
Comment Information

Tell Us About Your Case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

[Picture of Bruce Turner]

Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

Bruce Turner - Attorney Profile Subscribe to This Blog's Feed

Office Locations

Turner, Bruce E.
1603 Lyndon B. Johnson Freeway Suite 280
Dallas, TX 75234

Phone: 800-486-9553
Fax: 214-373-2570
Dallas Law Office Map

FindLaw Network
Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

Attorney Bruce Turner is located in Dallas and represents people and businesses throughout DFW and the Metroplex, including Denton, Carrollton, Lewisville, Flower Mound, Farmers Branch, Irving, Las Colinas, Corinth, Highland Village, The Colony, Plano, Frisco, Allen, McKinney, Mesquite, Grand Prairie, Garland and Grapevine as well as Collin County, Denton County and Dallas County in Texas.

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.