Houston, Texas
Divorcing in Houston? What to Know Before You Decide Who Keeps the House
By Shelley & Matt Mitchell, CDLP® · 6 min read
We sit across the table from Houston families every week who are trying to answer one question: what happens to the house? It is usually the largest asset in the marriage — and the one tied most closely to your kids, your routine and your sense of home. Here is what we want every Houston homeowner to understand before the decree is signed.
Texas is a community property state
In Texas, property acquired during the marriage is generally presumed to be community property, and the court divides it in a way it considers "just and right." That does not always mean a perfect 50/50 split, and a home bought before the marriage may be separate property. Your attorney is the right person to tell you how the law applies to your house.
Our role is different. We help you understand what the house means financially — what it is worth, what is owed, and whether either spouse can realistically keep it.
Keeping the house is a mortgage decision, not just a legal one
A decree can award you the home, but it cannot make a lender remove your former spouse from the loan or approve you on your own income. We see too many Houstonians win the house in mediation and then discover they cannot qualify to refinance or buy out the equity.
- Can you qualify on your income alone — including child support or spousal maintenance?
- Will the lender count support income, and how long must it continue?
- Is the current loan assumable, or will you need to refinance at today's rates?
- How much cash will an equity buyout require, and where will it come from?
Timing matters in Harris, Montgomery and Fort Bend counties
Texas requires at least six months of state residency and 90 days in the county before filing, and there is a 60-day waiting period after the petition is filed before a divorce can be finalized. That window is when mortgage planning does the most good — before settlement terms are locked in.
Questions to bring to your attorney or mediator
Walk into negotiations with real numbers instead of hopes.
- A current estimate of the home's market value and remaining loan balance
- A pre-qualification analysis showing what each spouse can afford
- Deadlines for refinancing or removing a spouse from the loan
- Who pays the mortgage, taxes and insurance until the house is resolved
The divorce may be emotional, but your housing decision doesn't have to be. Get clarity on the numbers before you agree to keep — or give up — the house.
This article is general education, not legal, tax or financial advice. Laws and lending guidelines change; consult your attorney about your specific situation.