How Homes and Real Estate Are Divided in a Texas Divorce
For many couples, the family home is the most valuable asset involved in a divorce. In Texas, homes are not automatically split 50/50. Whether a house is divided, awarded to one spouse, or not divided at all depends on when the home was acquired, how it was paid for, and how Texas community property law applies.
This page explains how Texas courts treat homes and real estate in divorce cases, with plain-English explanations and simple examples.
Texas Community Property Law (Quick Overview)
Texas is a community property state, which means the court must divide marital property in a way that is “just and right.” Before dividing anything, the court must first determine whether property is:
What Counts as Community Property?
Community property generally includes:
Income earned during the marriage
Property purchased during the marriage
Homes bought with marital earnings
Equity created by mortgage payments made during the marriage
There is a strong legal presumption that property acquired during marriage is community property.
What Counts as Separate Property?
Separate property includes:
Property owned before marriage
Property received during marriage by gift or inheritance
Certain personal injury recoveries
Appreciation of separate property
Separate property cannot be divided by the court and must be confirmed to the owning spouse.
How Texas Courts Treat Homes in Divorce
1. A Home Bought Before the Marriage
If one spouse purchased a home before marriage, the house is generally that spouse’s separate property.
This remains true even if:
The couple lived there together
Mortgage payments were made during the marriage
Community income was used to pay the mortgage
➡️ The house itself remains separate property.
While ownership does not change, the community estate may have a reimbursement claim for certain payments made during the marriage. Only principal payments and certain capital improvements typically qualify.
Example:
Mortgage balance at marriage: $180,000
Mortgage balance at divorce: $150,000
Principal reduction during marriage: $30,000
➡️ The non-owner spouse may have a $15,000 reimbursement claim (half of the $30,000 principal reduction), but the house still belongs to the spouse who bought it before marriage.
2. Mortgage Payments During the Marriage
Community income used to pay a mortgage on separate property does not create ownership.
Principal payments → possible reimbursement
Interest, taxes, insurance → usually not reimbursable
Reimbursement is a financial claim, not title to the home
Judges have broad discretion in how reimbursement is handled.
3. A Home Bought During the Marriage
A home purchased during the marriage is presumed to be community property, regardless of:
Example:
The court may:
4. A Home Received by Inheritance or Gift
A home received by inheritance or gift, even during the marriage, is separate property.
Example:
Home inherited during marriage: $250,000
Value at divorce: $350,000
➡️ Entire home and appreciation remain separate property
➡️ Community may only claim reimbursement for principal payments or major improvements
👉Learn more about Probate in Texas
5. Improvements and Renovations
Community funds used for capital improvements (additions, remodels, major renovations) may create a reimbursement claim.
Routine maintenance usually does not.
FAQs (Frequently Asked Questions)
Does my spouse automatically get half of the house?
No. It depends on whether the home is community or separate property.
Can mortgage payments turn a separate property house into community property?
No. Payments may create reimbursement claims, not ownership.
Does appreciation become community property?
No. Appreciation of separate property remains separate.
What if both names are on the deed?
Deed alone does not control classification. Timing and source of funds matter.
Will the judge force us to sell the home?
Possibly, if neither spouse can afford to keep it or buy out the other.
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