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How do I keep my house in a divorce settlement?  This is a serious question for a person who has children.  Our homes are generally the main asset that we have.  If you lose your spouse’s income, will you have enough credit to purchase a new home?

Community Property

Texas is a community property state.  Community property is equally owned by both of you.  Assets or property that are accumulated during the marriage are presumed to be community property.

If you purchased your home prior to the marriage, it is likely your separate property.  If it was purchased during your marriage the home belongs to both of you.  So, you can ask how do I keep my house in a divorce settlement?

Keep My House In A Divorce

As you go through divorce proceedings, all of your community property is tallied.  The value of this property is totaled and normally the property is divided equally between the two of you.  One way to keep your home is to allow your spouse to have other assets such as a 401K funds to offset the value of your home.

When going through this, ask yourself a question.  What is the equity of my home and can I afford the future payments?  If you can’t afford the monthly payments, don’t try and keep the home.

Disproportionate Distribution

The judge in a divorce proceeding may consider a disproportionate distribution of the marital assets.  You may be entitled to a disproportionate share for the following causes:

  • Adultery;
  • Needs of spouse or children;
  • Domestic violence;
  • Other acts of misconduct; or
  • Financial Considerations.


We know that going through a divorce is a traumatic event.  Make sure that you review with your attorney the information that may entitle you to a disproportionate share of your marital assets.