At Watters International Realty, we understand the difficulty of navigating family home division during divorce cases. As one of the top real estate companies in the US, our team has helped thousands of homeowners buy and sell homes all over the US and Canada. In Texas, the laws surrounding divorce are unique and can be challenging to understand. That's why we created this free PDF guide, in partnership with Family Law Attorney Nikki Hudman.
We understand the pressing need to gain clarity on your property rights during a Texas divorce, so we made it our mission to provide you with an educational guide that will help you formulate a plan quickly. Our free guide will help to alleviate your confusion while providing definitive answers to the questions you have about your property rights during a divorce.
Common Questions about Family Homes in Divorce Cases in Texas
One of the questions we hear most often from homeowners going through a divorce is: "What happens to the family home?" The answer can be complex, depending on the specific circumstances of your case, of course. But in this guide, we walk you through some of the most common issues that come up when dealing with family homes during divorce cases in Texas.
Moving Out: Abandonment? Rights? Mortgage?
One of the first decisions you'll need to make is whether or not you or your spouse will move out of the family home. This can lead to additional questions, such as whether moving out will be considered abandonment, and what your rights to the house will be if you do move out. Further, there is the question of whether you will still be required to pay the mortgage on the house even if you move out. Our guide answers all these questions - and more, so you know exactly how your decisions will affect your legal rights during the process.
Selling the House and Equity
Another common issue that comes up when dealing with family homes in divorce cases is what to do with the house. Should you sell it? If so, how will the proceeds be divided between you and your spouse? Our guide explains how selling the house affects equity and provides information on how much each spouse is entitled to receive from any proceeds of the sale.
Real Property, Community Property, Separate Property
Under Texas law, property acquired during the marriage is considered community property, while property acquired before or after the marriage is considered separate property. Understanding the difference between these types of property is crucial when it comes to dividing your family home in a divorce. Our guide explains each type of property and their implications on dividing family homes in divorce cases.
Refinancing, Deeds of Trust to Secure Assumption (DOTSA), and Special Warranty Deeds (SWD)
Dividing the ownership of a family home can be complex, and there are a number of legal considerations to take into account. Our guide also covers topics such as refinancing, deeds of trust to secure assumption (DOTSA), and special warranty deeds (SWD) so that you can make sure you're fully prepared when it comes time to divide the ownership of your home during your divorce.
The Collaborative Divorce Process
Finally, we outline what is involved with the collaborative divorce process so that you can determine if this might be an option that is suitable for your situation. Collaborative divorce is a relatively new approach to resolving disputes that avoids the need for adversarial court proceedings. This can be a useful alternative for couples who want to minimize the emotional and financial costs of a traditional, drawn-out divorce.
Final Thoughts
Going through a divorce is never easy, but our guide helps you make sense of your family home division issues during this difficult time. Get all the answers you need with our free PDF.
Don't wait any longer; download it now and start protecting yourself today! Let Watters International Realty help you navigate this process and clear away your uncertainty.