Real estate often represents one of the largest assets in a divorce, raising many concerns for those involved. Individuals worry about their ability to retain ownership, the implications of moving out, and their entitlements.
In the video, Attorneys Tyler Monahan and Heather Ogier of Turner-Monahan PLLC have a conversation that aims to clarify these concerns, focusing on both the temporary and final determinations of real estate possession in the context of divorce. All case evaluations are in the light of Texas Family Law. This content is for educational purposes only.
Can I Move Out of the House? Will I Lose It?
A common fear in divorce situations involves the decision to move out of the marital home. Especially in cases without children, leaving might seem to concede possession to the other party. However, moving out does not equate to relinquishing ownership or rights to the property. Assets acquired during the marriage, including real estate, are generally considered community property, subject to division regardless of who resides in the home.
What Happens to Real Estate in the Divorce Process?
In divorces, especially those involving significant assets, real estate must be handled with care to ensure fair division. Despite who pays for the property or lives in it, the law requires both parties to contribute to its maintenance and prevent any waste or loss. Legal measures, such as injunctions, are often employed to protect these assets until a final decision is made.
Does Having Children Affect Real Estate Decisions?
The presence of children significantly impacts decisions regarding the marital home. Courts prioritize stability for children, meaning the parent who primarily cares for them during the divorce may be more likely to be awarded the home. This does not, however, guarantee custody or property rights, but it does weigh in their favor during proceedings.
What Should I Do If I Want to Return to the House?
Leaving the marital home doesn’t bar you from returning or claiming your share of its value. Concerns about abandonment or loss of equity are unfounded; you remain entitled to your portion of the property’s value in the divorce settlement. In cases where returning to the home is necessary, especially for the children’s sake, legal action may be required to resolve living arrangements effectively.
Is There a Difference in Divorce Proceedings With and Without Children?
Divorces involving children introduce additional complexity and emotional intensity, often centering around custody, support payments, and living arrangements. High net worth does not mitigate these challenges; rather, it introduces another layer of negotiation concerning financial support for both the spouse and children. Consequently, divorces with children frequently escalate to court to establish temporary agreements until a final resolution is reached.
What Does The Texas Family Code Say?
To further grasp the implications of real estate in divorce proceedings, it’s essential to consider the relevant statutes within the Texas Family Code. This legal framework offers guidance on the treatment of assets, including real estate, during a divorce.
Community Property and Real Estate
Under Texas Family Code Section 3.002, assets acquired during marriage are presumed to be community property. This presumption includes real estate, making it subject to division upon divorce. Section 7.001 elaborates on this, granting courts the authority to order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party.
Temporary Orders and Use of the Home
During divorce proceedings, Texas Family Code Section 6.502 allows for the issuance of temporary orders to preserve the property of the parties. This includes temporary exclusive use of the home, ensuring that one party may remain in the residence to maintain stability, especially when children are involved.
Children’s Best Interests and Real Estate Decisions
When children are part of the divorce, Section 153.002 states that the best interest of the child shall always be the primary consideration. Decisions regarding the marital home may influence the court to allow the parent who primarily cares for the children to remain in the home to provide stability.
Division of Property and Real Estate
Section 7.002 provides the court with the authority to decree a division of property in a way that is deemed just and right. This rule covers both real estate and personal items, aiming for a fair division that considers what each person contributed and needs for the future, along with any children’s needs.
Here’s what the law focuses on:
- Out-of-State Property: If a spouse got property while living in another state, and it would have been shared property in Texas, the court will decide how to split it.
- Exchanged Property: If a property was received in exchange for something else, and it would have been shared in Texas, it also gets divided.
The law also defines separate property:
- Separate Property from Another State: If a spouse acquired property in another state that would be considered their own in Texas, it remains theirs.
- Exchanged Separate Property: Property obtained by trading something that was already separate remains with the spouse who owned it.
Additionally, earnings from separate property during the marriage can be kept as separate if the spouses agree in writing.
Why Talking to an Attorney Matters
Each divorce situation is unique, making it essential to get advice from an attorney. They can help you understand how these rules apply to your case, ensuring your property and rights are protected according to Texas law.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Understanding how property gets divided in a Texas divorce can be tricky, but you don’t have to figure it out alone. At Turner Monahan, PLLC, we’ve been helping families with all sorts of family law matters since 1973.
Our team is here to help make sure you’re treated fairly, and your rights are protected every step of the way. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “Does A Spouse Have A Right To Property That The Other Spouse Inherited Before The Divorce?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- I’m Moving Out Before The Divorce Is Finalized. What Can I Take With Me?
- Does The Texas Court Limit Visitation Due To A History Of Family Violence?
- Is My Ex Entitled To Ongoing Interest In My Defined Benefit Retirement Plan?
- What To Do When The Other Party Violates Court Orders?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
