Protecting Your Family's Future

Should You Keep the House after a Divorce?


In the aftermath of a divorce, one of the biggest challenges will be dividing the property acquired during the marriage. With the marital home, it’s essentially impossible to divide the property equally as set forth in the community property laws in Texas, so it typically goes to one party and allowances are made in the distribution of other assets to establish some sense of parity. However, a better question can often be—should either one of us keep the house? Maybe we should sell the house and split the proceeds? Here are some questions to ask as you consider your options:

  • Why do you want the house? –Is it for convenience, for the sake of the children, because of the schools or proximity to family? There can be a lot of valid reasons—just be certain you aren’t motivated by anger or a desire to retaliate.
  • Can you afford the house?-You’ll have only one full income, and perhaps some child support. Will the mortgage payments be a significant source of anxiety, or make it difficult to provide for your other needs? What about everything that goes with owning a house—upkeep and maintenance, utilities, lawn care?
  • Is there a better option? Can you find a more affordable place that meets your needs, maybe closer to work or schools?
  • How will keeping the house affect your children?-Will it be a constant reminder of what they’ve lost? Will it keep them stuck in the past? Or will it actually provide a sense of stability, with their friends and other familiar surroundings nearby?
  • Contact Us

    At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-420-8020 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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