Full question:
If both spouses want to keep the house and there is no children , how is it decided who will get the house.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Texas
Answer:
In Texas, property division during a divorce is based on equitable distribution. This means that the division of assets, including the house, should be fair but not necessarily equal. The court has significant discretion in making these decisions.
Generally, property that was owned before the marriage or received as a gift or inheritance during the marriage may be considered separate property. If this property or its income was not used for the couple's mutual benefit, it might be excluded from the marital estate. The court will evaluate all relevant facts and documents to determine each spouse's entitlement to equity in the home.
Additionally, the court may establish a constructive trust to prevent unfair advantage, based on contributions one partner made to the other's property. Each case is unique, and the court will consider all circumstances.
When a couple divorces, all marital property, including the house, is addressed and divided in the final decree. If both spouses agree to sell the house during the divorce, the agreement on how to divide the proceeds can be included in the final divorce decree. The property settlement in this decree will govern the division of assets and debts.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.