Little Elm, TX asked in Child Support, Divorce and Family Law for Texas

Q: Hello I am reaching out here to enable a divorce to end an 17 year marriage with a 13 year kid. Need some insight

We are a family of three with both of us earning within the IT industry. For the divorce to be done I need some insight on

1. Both of us earn almost equal from our employers with a 10% higher on my ends

2. Both have almost equal savings and retirement accounts

3. We have a house in NDFW region where I did all the payments till Oct 2022 bringing the total loan to value ratio. We still have around $275k while the original loan amount was $500k. The house is currently close to $900k in value.

My wife is insisting on separation or divorce because of no longer interested nor are we able to continue our family life with no conjugal interests leading to extended periods. I am not interested to continue mylife and want to end this over and ensure the kid is taken care off till she becomes major. Any suggestions on how to make this happen without both of us losing our common home as for some reason she is looking to hold the home but without me getting any showing the interest for kid.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: In a divorce, the court will make orders for the division of your community property that are "just and right." In most cases in which the parties own a community property marital residence with substantial equity, if the parties do not agree otherwise, the court will most likely either award the residence to one spouse and award the other spouse assets like a larger share of the savings and/or retirement accounts to compensate for the value of the residence, or the court will order the residence to be sold with the net proceeds divided equally between the parties.

But the legal standard requiring a "just and right" division gives the court considerable discretion to consider all of the facts that may be relevant to the division of property. A court sometimes can be persuaded not to disrupt a child's primary living environment by compelling a sale immediately at the time of divorce. But courts are very conscious of the fact that as long as both spouses' names are on a mortgage, it can be very difficult for either spouse to obtain a new mortgage for a new residence. It is not uncommon to postpone a sale of a residence until the end of the child's school year.

Your payments on a community property residence may impact the court's ruling particularly if you used your separate property to make those payments. It will be much less impactful if you used community property, such as wages you earned for personal services during the marriage.

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