Sabelhaus Lynch, PLLC

Dividing marital property in divorce, including the family home

When a Texas couple decides to move forward with divorce, they will have to divide all of the property they purchased, accumulated or earned over the course of the marriage. This is often one of the most difficult aspects of the divorce process, particularly when it comes to valuable marital property to which people may have an emotional attachment. In many cases, this includes the family home.

A couple may opt to simply keep the family home and share expenses, deciding to wait and sell until after the children are grown and gone. After the children move out, they may then decide to sell and share the proceeds. In other situations, one spouse may buy out the other. This will allow that spouse to remain the home, which is sometimes a way to provide stability and continuity of lifestyle for the children.

It is often most prudent to simply sell the home and share the profit from the sale. The cost of one or both spouses keeping the home may not be feasible, and selling can allow both parties to move on and get a fresh start in a new home. Whatever a Texas couple decides to do, the property division order should clearly spell out their plans and intentions.

It is easy to allow emotions to lead when making choices regarding important marital property. However, this typically does not lead to smart decisions that are truly sustainable well into the future. A person will find it beneficial to learn more about his or her property rights and other options before agreeing to any terms in a divorce. 

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