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972-248-8080 DALLAS
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512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Dividing Real Estate in Divorces in Texas

ATTORNEYS IN DALLAS

Purchase of real estate by the community after a marriage is an asset of both partners and must split in a fair and just manner.

Dividing Real Estate in Divorces

Although Texas operates under community property laws, which generally hold that all property acquired during a marriage is presumed to be community property belonging to both spouses, the division of certain assets, such as real estate, can be complicated. In cases where a married couple owns real estate and decides to divorce, they must agree on whether one party will keep the property or if they will sell it and divide the proceeds.

Separate Interests in Property

To start, it is necessary to determine if either spouse has a distinct interest in any real estate. For instance, if one spouse owned real estate prior to the marriage or inherited it, that property may be considered separate rather than community property. If either party asserts that a property is separate, they will need to trace its ownership to counter the presumption that it is community property. Any separate property will be retained by the spouse who owns it, but if joint funds were utilized to improve or maintain the property, any appreciation in its value may be subject to a claim for reimbursement of community property.

Selling Jointly Owned Real Estate during Divorce

When dividing real estate in a divorce, it is necessary to determine the property's value through an appraisal, regardless of whether both parties intend to keep the property or agree to sell it.

Various factors need to be considered when deciding whether to retain the property or receive half of its value as a payout. These factors include financial stability after the divorce, ability to manage the property's expenses, and potential future appreciation or depreciation of the property's value. Selling the community property and dividing the proceeds after settling any outstanding mortgages is the most straightforward approach for dividing the value of the real estate. However, this option requires both parties to find new residences.

Retaining Jointly Owned Real Estate during Divorce

The most common type of real estate divided during a divorce is the marital home. If one spouse wishes to stay retain the real estate and stay in the marital home, the dividing process becomes more complicated.

To transfer ownership of real estate from one spouse to the other during a divorce, a Special Warranty Deed must be executed by the spouse giving up their interest in the property and filed with the county clerk where the property is located. If there is an outstanding mortgage on the property, it will need to be refinanced to remove the name of the spouse who is no longer an owner. Neglecting to refinance the mortgage could make the non-owner spouse liable for any remaining debt on the property, even if they no longer have any ownership stake in the property.

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Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

The attorneys of Wilson Whitaker Rynell have the knowledge and experience to assist you in determining how to disburse any real estate owned by you and your spouse, and we can ensure that your interests are thoroughly protected. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
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