What Factors Are Considered When Determining Who Resides in the Marital Home?
What does Texas law say about who gets to stay in the marital home during a divorce? Can both parties legally stay in the home? What must you do to legally require your ex to vacate the marital premises? What factors will the court consider when granting an exclusive right to use of the marital home to one spouse?
The Value of the Marital Home in a Texas Divorce
According to published reports, nearly two of every three couples nationwide who have filed for divorce identify the marital home as their most valuable and meaningful asset. Financially, it’s most likely the single largest investment of your marriage. Additionally, though, the marital home often serves as a repository of memories and a place of comfort and security.
Who Gets to Stay in the Marital Home during a Divorce?
In Texas, both parties to a divorce have an equal right to reside in the marital home while a divorce is pending. As a practical matter, though, few choose to cohabitate, as emotions can be strong and conflict a continual problem.
Ideally, the parties can come to an agreement regarding who stays and who moves out. When that’s not realistic or possible, though, the court will typically get involved, issuing a temporary order to determine possession and use of the marital home during the divorce. The factors the court will typically consider include:
- Whether there are minor children in the marital home and who has been the primary caregiver—Texas, like other states, places a premium on the best interests of the child, and will frequently give the custodial parent possession and use of the marital home
- The court may issue an order requiring a spouse to vacate the marital home if there has been evidence of domestic violence or abuse
- The court may look at the ability of each spouse to afford to stay in the marital home and may issue maintenance or other orders as necessary
Contact DTX Family Law for Sound Advice Regarding Possession of the Marital Home in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay and North Richland Hills