How Is the Family Home Divided in a Texas Divorce?

 Posted on May 27, 2026 in Family Law

For many couples, the family home is the most valuable thing they own together. It is also one of the most complicated assets to divide when a marriage ends. Deciding what happens to it involves more than just splitting the value down the middle. According to the Federal Reserve Bank of St. Louis, which aggregates U.S. Census Bureau data, 63.6 percent of Texas households owned their homes in 2025, which means this question comes up in a significant number of divorces across the state.

Texas property law, the circumstances of the marriage, and the choices available to both spouses all play a role in what happens to a house during a divorce. Our Llano County, TX divorce attorney can help you understand your rights and what options are available to you.

Does Texas Law Require the Family Home to Be Split 50/50 in a Divorce?

Texas is a community property state, meaning most assets acquired during a marriage are jointly owned by both spouses. However, community property does not automatically mean equal property. Under Texas Family Code § 7.001, a court must divide the marital estate in a manner that is "just and right," taking into account each party's rights. That standard gives judges flexibility to weigh the specific facts of a case.

Factors that can affect how the home is divided include:

• The length of the marriage
• Each spouse's income and future earning potential
• Which spouse has primary custody of the children
• Whether one spouse contributed more financially to the purchase or upkeep of the home
• Whether either spouse committed fault in the breakdown of the marriage, such as adultery or abandonment

A judge is not required to award each spouse exactly half the home's value. Depending on the circumstances, one spouse could receive a larger share.

Can a Spouse Keep a Home They Owned Before Marriage in a Texas Divorce?

Not all property is treated the same in a Texas divorce. Property that one spouse owned before the marriage is generally considered separate property and is not subject to division. If one spouse purchased the home before the wedding, that spouse may be able to keep it in their name.

The situation becomes more complicated when community money is used for a separately owned home. For example, if one spouse owned the home before marriage and both spouses used marital income to pay down the mortgage or fund major renovations, the home may still be considered separate property. However, the community estate may have a reimbursement claim. In those situations, the burden falls on the spouse claiming a house is separate property to prove it by clear and convincing evidence.

What Are the Options for Dividing the Family Home in a Texas Divorce?

Once it is determined that the home is community property, spouses generally have three paths forward.

Sell the Home and Divide the Proceeds

This is often the most straightforward option. Both spouses receive their share of the equity after the mortgage is paid off and any selling costs are paid. This option provides a clean financial break, though it also means neither spouse stays in the home.

One Spouse Buys Out the Other

If one spouse wants to stay in the home, they can pay the other spouse for their share of the equity and refinance the mortgage in their own name. This requires that the staying spouse qualify for the loan independently. Courts typically do not leave both names on a mortgage after a divorce is final.

Defer the Sale

In some cases, especially when minor children are involved, a court may allow one spouse to stay in the home temporarily before it is sold. This arrangement is less common and usually comes with specific conditions and a defined timeline.

Each option comes with financial and practical trade-offs that are worth discussing carefully with a family law attorney before making any decisions.

Can a Texas Judge Order the Sale of a Family Home in a Divorce?

Texas courts prefer settlements negotiated by both parties, but if the case goes to trial, the outcome is in the judge's hands. That is why many divorcing couples choose mediation as a first step. A trained mediator can help both parties work through disputed assets, including the family home, and reach a workable solution outside of court. If mediation fails, a judge may ultimately order the home sold and the proceeds divided, leaving neither spouse with a say in the outcome.

Contact a Llano County, TX Divorce Attorney to Discuss Your Case

Attorney Russ Baker has over 16 years of legal experience helping clients figure out the financial and legal complexities of divorce, including disputes over the family home. Whether your situation calls for negotiation, mediation, or courtroom representation, the Law Office of Russ Alan Baker, PLLC can help you understand your options and protect your interests. To schedule a consultation, contact our Llano, TX family law lawyer today at 325-216-2006.