Who keeps the home after a divorce?
For many couples, this is the single biggest question — and the one that carries the most emotional weight. Thousands of marriages end in divorce each year in Bexar County alone, and for many families, the house is their most valuable asset. It’s not just about property value; it’s about memories, stability, and in many cases, security for children. The decision on who gets the house can have long-term financial and emotional impacts.
At Daniel Ogbeide Law, we understand that the home often feels like the heart of a family, and losing it can be a deeply personal loss. As one of the leading family law firms in San Antonio, we help clients make informed decisions when it comes to property division during divorce. We work to protect our clients’ rights and guide them through what can be a stressful and uncertain process.
In this article, we’ll break down how Texas law approaches property division, explain what counts as community property, discuss the factors that determine who might keep the home, and outline what you can expect from the process.
How Texas Views Property in Divorce
Texas is a community property state, which means that, generally, property acquired during the marriage belongs to both spouses equally — regardless of who earned the income or whose name is on the title. However, there are exceptions, and understanding these is the first step toward knowing what might happen to the house.
Community property includes:
- Income earned by either spouse during the marriage
- Real estate purchased during the marriage
- Personal property like cars, furniture, and bank accounts acquired during the marriage
Separate property includes:
- Property owned by one spouse before the marriage
- Gifts or inheritances received by one spouse during the marriage
- Settlements from personal injury claims (except lost wages)
If the house was purchased during the marriage, it’s usually considered community property. If one spouse owned it before the marriage but both paid toward the mortgage or renovations during the marriage, things can become more complex.
Deciding Who Gets the House
When it comes to the family home, courts in Texas aim for a “just and right” division — which doesn’t always mean a 50/50 split. Judges have discretion to consider factors like:
- The needs of any children (stability in schooling and living arrangements)
- Which spouse can afford the mortgage and upkeep
- The income and earning potential of each spouse
- Any disparities in property division that would result from one person keeping the house
Sometimes, the court may award the home to one spouse and offset the value with other assets. Other times, the home may be sold and the proceeds divided.
Options for Handling the House
If you’re facing property division during divorce, here are the most common outcomes:
One spouse keeps the home
- The retaining spouse may refinance the mortgage in their own name
- They may buy out the other spouse’s share of the equity
Selling the home
- The property is sold and profits are split according to the court’s decision or a negotiated settlement
Temporary arrangements
In some cases, one spouse may remain in the home temporarily (often the parent with primary custody) until the children reach a certain age or other conditions are met
Factors That Can Influence the Outcome
Several details can shift the court’s decision in one direction or another:
- Children’s stability – Judges often prioritize keeping children in their school district and close to their support network.
- Financial capability – The court will evaluate whether one spouse can realistically handle mortgage payments, property taxes, and maintenance costs.
- Debt responsibility – If the home has significant debt tied to it, the court may adjust the division to ensure fairness.
- Property condition – If the home requires major repairs, this can impact its valuation and how it’s handled in division.
How to Prepare for the Process
If you’re concerned about keeping your home, preparation is key. Here are practical steps you can take:
- Gather documentation – Mortgage statements, deeds, tax records, and proof of any separate property claims.
- Assess affordability – Determine whether you can cover ongoing costs without financial strain.
- Consider emotional factors – While attachment to a home is understandable, be realistic about whether keeping it is in your best long-term interest.
- Get professional guidance – A family law professional in San Antonio can help assess your position and build a strategy based on Texas law.
Avoiding Common Missteps
During property division, especially involving a home, some mistakes can have lasting consequences:
- Making verbal agreements without legal backing – Always ensure agreements are documented and approved by the court.
- Overestimating affordability – Keeping the home only to face foreclosure later can be financially devastating.
- Ignoring tax implications – Property transfers and mortgage changes can have tax effects that need to be addressed in advance.
Is Your Home at Risk in a Divorce? Here’s How We Can Help
The decision over who gets the house isn’t just a legal one — it’s a deeply personal one that can shape your future. At Daniel Ogbeide Law, we help clients protect what matters most during property division in a Texas divorce. As experienced family law attorneys in San Antonio, we understand the stakes and the emotions involved. Our team takes the time to evaluate your specific situation, explain your options clearly, and advocate for a resolution that serves your long-term interests.
If you’re facing a divorce and worried about losing your home, we’re here to guide you through each step. With our knowledge of family law matters in San Antonio and our dedication to client-focused representation, we aim to help you make informed, confident decisions about your property and your future.
Contact Daniel Ogbeide Law today to schedule a consultation with one of our experienced family lawyers in San Antonio, TX. Let us help you understand your rights, assess your options, and work toward the outcome that best supports your needs.