Legal Question in Family Law in Texas

House division in divorce

How is the equity that was achieved in home during marriage divided in a Texas divorce? One spouse purchased the home with a $88000 mortgage 30 months before the marriage. The marriage occurred in June 2001, and both have paid down the outstanding mortgage principle balance from $75000 at the time of marriage until now to $40000 today. The mortgage was only in the one spouse's name, although both paid it down to its current level. Is this marital equity or portion of the home bought during the marriage split evenly by law just like othe property acquired in the marriage? If the mortgage is in one spouses name does that apouse have the right to evict the other spouse? Thank you, this is a very difficult situation because I could have been paying to build equity in my own home, what is the correct remedy? What about a settlement for improvements made to the house? Thank you for your help, I am living paycheck to paycheck.


Asked on 11/22/06, 3:33 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: House division in divorce

The house is community property so one spouse cannot evict the other. Most judges don't do that unless there is some agreement. The community property of the house payments and the equity can be calculated by a formula. Usually the person who stays with the house will have to pay the other spouse. The spouse staying with the house might be required to buy out the other spouse if there is money for that - either by re-financing the house or some other method. A good family law attorney can help you throug this difficult time. If these issues are important to you, I strongly suggest that you find a good family law attorney in your area.

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Answered on 11/22/06, 9:29 pm


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