Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.
She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.
A: The house will be split equitably. If one person made more payments than the other, that can be taken into account when splitting up the asset. If this is a partition lawsuit, it is important that you are represented to maximize the amount you receive from the property. If this is a divorce, you will need to try and negotiate this as part of the divorce settlement agreement. If the case goes to trial, payments made by one party or the other will be considered in both scenarios. Schedule a free consultation to ensure you maximize the amount you receive from the property.
A:
No a house is not always split equally in divorce proceedings. The entire marital estate of the spouses is divided in a manner that is “just and right.” The spouse’s home is part of that process. If there are sufficient other assets, the home can be awarded in its entirety to one spouse, with other assets being awarded to the other spouse.
In many cases, however, the marital home is the single most valuable asset the spouses own at the time of divorce. In the absence of sufficient other assets, it is common for a divorce court to order the sale of the marital residence and a “just and right” division of the sale proceeds between the spouses.
Who paid for the home can be a factor the court considers. However, in the absence of a premarital agreement, a spouse’s earnings are typically community property. Generally speaking, if one spouse’s earnings were used to pay for the home, the court will view that as using community funds to pay for the home.
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