Marital Home

Any special rules for the marital home?

Not related to the division of property. However, the judge will usually attempt to leave the children in their home. That being the case, the parent with primary custody can expect the judge to award him/her the marital home if it is financially feasible to do so.

The Texas homestead laws are very strong, but issues related to protection of the marital home are related to claims by creditors rather than the property allocation when filing divorce case.

I know your telling yourself that doesn’t answer my question and what a waste of time.

Situations such as :

scenario 1. if you still owe on more on the house than it is worth, in other words there is zero equity & neither one of you can afford the home on their own.  As an experienced San Antonio Divorce Lawyer, I can help you resolve these issues quickly.

scenario 2. owned for 15 years, only have five years left on mortgage and one of you wants their share but refinancing the home is impossible for either party on their own.

scenario 3.  home is paid off and after years of a successful marriage one or both parties want to sell the home.  This is a common scenario for old couples, good news is that as I’ve helped hundreds of couples resolve similar issues.