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What happens to a family home in divorce?

On Behalf of | Jan 21, 2022 | Divorce

Divorce is a difficult process in Texas, and it can be even more complicated when children and property are involved. One of the most common questions that arise in a divorce is what happens to the family home.

Who takes the family home in divorce?

The courts typically award the family home to the individual that owns it outright or has the most equity in it. In this case, they consider whether the house is marital property or separate property. They also consider children when making this decision.

Separate property

This refers to any property that a single individual acquired before the marriage or during the marriage as a gift or inheritance. It is not considered marital property and typically remains with the original owner. Therefore, if you acquired the family home before the marriage, or it is an inheritance, you will likely keep it in a divorce.

Marital property

This refers to any property acquired during the marriage. It’s considered jointly owned by both spouses and will typically get divided evenly between them in a divorce. If you buy the family home during the marriage with marital funds.

However, the court can make an exception if one spouse contributed more to the purchase of the home than the other. In this case, they may award that spouse a larger share of the home.


If there are children involved in the divorce, the courts will take their best interests into account when deciding on the way forward. Typically, they will award the home to the parent who is going to have primary custody of the children. This ensures that the children have a stable place to live during and after the divorce. This means that the courts may allow a parent to stay in it if they can prove that it is in the children’s best interests even if they do not own the home outright.

If you are considering a divorce and there is a family home involved, it’s important to familiarize yourself with the relevant laws in your state. You don’t want any surprises down the road, especially when it comes to your children and property.