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Who gets the house in a divorce?

In divorce, many question can arise. Sometimes, these questions can be overwhelming, causing divorcing spouses to mull them over intensely. Oftentimes, spouses have questions regarding the potential outcomes of each component of the divorce process. Spouses may want to know what could happen twith respect to custody in divorce, or they may want to know who gets to keep what. As always, these questions can be clarified with the help of an attorney.

One common question is what happens to the house in a divorce. There are many potential outcomes. In some situations, there are children involved. With the involvement of children, it can generally be speculated that the parent who takes on the majority of the responsibility of raising the children will be able to keep the house. In cases where there are no children, court decisions can vary widely.

If one of the partners purchased the house with separate funds, he or she may be entitled to keep the house, and can order the other partner to vacate the premises. One of the partners can always request that the other party leave the home. If no agreement can be made, the court will turn to state laws, and in the case of Texas, these are community property laws, in order to make a decision.

Property division is one of the many divorce components that divorcing couples may have a strong opinion about. Understandably, those going through divorce often have many wishes regarding how they desire the process to play out. In order to achieve these desires, it is often helpful to have an attorney on the side of the spouse. With representation, it is often possible to obtain a favorable outcome.

Source: FindLaw, "Divorce property division FAQ," Accessed on February 1, 2015

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