The marital home is often the most emotionally charged asset in a divorce and one of the most complex to resolve. The main options are:
- Sale of the home with proceeds divided between the spouses
- One spouse buyout — one spouse refinances and pays the other their share of equity
- Deferred sale — the home is retained (often by the primary custodial parent) until a specific event such as the youngest child reaching 18 (this is a very rare option and option available most likely only by agreement of the spouses)
Texas homestead protections, while powerful during marriage, do not prevent the forced sale of a home in a divorce. However, when children are in the picture, courts may consider the disruption of relocation in determining what arrangement is most just and right.
Call Jane Gekhman at (940) 222-6014 if you are going through a family law matter. We can help.