Legal Question in Family Law in Texas

There is a presumption that everything acquired during the marriage is community property. Hence if the house was purchased during the marriage it is a community asset.

Even if the house is separate property, if the money used to make the loan payments was community property, that portion of the house is community property. Hence you each have a claim for 1/2 of the house.

These claims will have to be resolved. The simplest solution is to sell the house and split the proceeds. If one of you wants to continue living in the house, the next simplest solution is to get the other to waive their their interest in the house in exchange for refinancing the house so only one person is on the mortgage. You need to have a discussion with your divorce attorney to see how you can resolve this issue.

I absolutely agree with Keith. Please hire an attorney and do this the right way. Trying to do the divorce yourself and save money may cost you a lot more money later on.

You might also consider going to mediation to resolve your issues.

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