Legal Question in Family Law in Texas

Re: Can I keep the house.

Property disputes are often the most contentious issues in divorce other than custody matters. they are all fact specific with a lot of variables considered. The biggest question is how intent each side will be in claiming the house. If an agreement can't be reached the court will end up deciding what is "right and just." So, without more facts it's difficult to answer your question more completely.

Re: Can I keep the house.

The law on property division is that each spouse gets

a "just and right" division of the property, a very

fact-specific and subjective standard. Accordingly, I can't

tell you with the facts you state whether you get the

house. It will boil down to the pros and cons of each side

getting the house, who can afford the house, and (assuming

the house is the largest asset), how the other spouse can

be paid back their equity in the house (for example, by

giving the other spouse a larger share of the other assets).

You have some factors on your side, like your business and

your son (if he was 7 instead of 17 it would help your case

more because a 17 year old may leave the house soon), but I do not know

what factors he has in his favor. I hope this helps.