For many families in New Braunfels and the rest of Comal County, the house is the largest asset in the marriage and the one with the deepest emotional pull. It is where the kids grew up, where the routines live, and in a fast-growing market, often where most of the family’s wealth sits. Deciding who keeps it, or whether anyone does, is one of the biggest choices in a divorce. As family law attorneys who work through these decisions with clients every week, here is how we approach it.
Start With the Question: Is the House Community or Separate?
The first step is characterization.
- Bought during the marriage? It is presumed to be community property, regardless of whose name is on the deed.
- Owned before the marriage? It is generally the owner’s separate property, and a Texas court cannot award it to the other spouse.
- Bought with inherited or gifted money? It may be separate, if the money can be traced. See separate property.
- Mixed? A pre-marriage home paid down with marital income is still separate, but the community may have a reimbursement claim.
Only after that is settled does the question of who keeps it really begin.
The Main Options for the Marital Home
1. One spouse keeps the house and buys out the other
The spouse who stays pays the other spouse for his or her share of the equity. The buyout might come from:
- Cash or savings
- A larger share of retirement accounts going to the other spouse
- A refinance that pulls out equity
- A promissory note paid over time, often secured by a lien on the house
2. Sell the house and split the proceeds
A sale gives both spouses a clean break and turns equity into cash. It also forces decisions about listing price, repairs, a realtor and who lives there until closing. The decree should cover these details.
3. Deferred sale
Some couples agree that one parent stays with the children until a set date, such as the end of the school year or when the youngest graduates, and then the house is sold. This can work but keeps the ex-spouses financially tied, so the agreement needs clear rules on who pays what and what happens if someone falls behind.
4. Co-ownership after divorce
Rare and usually not recommended, but possible. It tends to create disputes later.
Can You Afford to Keep It?
The emotional case for keeping the house is often stronger than the financial case. Before fighting for it, run the numbers:
- Can you qualify to refinance on your income alone? Lenders look at debt-to-income ratios and may count child support or maintenance only under certain conditions.
- What is the current interest rate compared with your existing loan? Losing a low rate can sharply raise the monthly payment.
- What are the property taxes and insurance? Comal County’s growth has pushed appraisals up for many homeowners, and insurance costs have climbed across Texas.
- What maintenance is coming? A roof, HVAC system or foundation issue can stretch a single-income budget.
- Will you lose other assets? Taking the house often means giving up retirement savings, which can leave you house-rich and cash-poor.
The Mortgage Problem: The Decree Does Not Bind the Lender
This is the trap many people miss. A divorce decree can award the house to one spouse and order that spouse to pay the mortgage. But the lender was not a party to the divorce. If both names are on the loan, both spouses remain liable until the loan is refinanced, paid off, or the lender formally releases one borrower.
Ways to protect the spouse who leaves:
- A refinance deadline in the decree, with a requirement to sell if the refinance does not happen
- A special warranty deed from the departing spouse paired with a deed of trust to secure assumption, which gives the departing spouse a way to step in if payments stop
- Proof of payment requirements, such as sharing monthly statements
- Indemnification language, so the departing spouse can seek reimbursement for losses
Our page on debt in divorce explains more about creditors and decrees.
Children and the House
Courts often consider stability for children. A parent who will have the children most of the time, especially in a school district they are settled in, may have a stronger argument for keeping the home. But a court will not award a house a parent cannot afford just for the sake of continuity. See divorce with children for related issues.
Living Together While the Divorce Is Pending
Many New Braunfels couples continue to share the home during the divorce because of cost. That can work with clear ground rules. If tension is high, temporary orders can award one spouse exclusive use, set who pays the mortgage, and address the children’s schedule. Learn more on our temporary orders page.
If there has been family violence, a protective order can require the abusive spouse to leave the home.
Valuing the House in Comal County
The value matters because it drives the equity figure. Options include:
- Agreement on a value
- A broker’s price opinion or comparative market analysis
- A formal appraisal by a licensed appraiser
The Comal Appraisal District’s figure is a starting point but is used for property tax purposes and may not match market value. Subtract the mortgage balance and any home-equity loan to find net equity, and remember a sale usually involves agent commissions and closing costs.
Talk With a New Braunfels Divorce Attorney About Your Home
Whether your home is in New Braunfels, Canyon Lake, Garden Ridge or elsewhere in Comal County, or across the line in Guadalupe County, the choice about the house affects everything else in your settlement. Our family law team can help you run the numbers and protect your credit after the decree. Call New Braunfels Family Law at (830) 302-4071 for a free consultation. Hablamos español.
Frequently Asked Questions
Does the wife automatically get the house in a Texas divorce?
No. Texas law does not favor either spouse by gender. The court looks at whether the house is community or separate, the overall just and right division, the children’s needs and each spouse’s ability to afford it.
Can I keep the house if my name is not on the mortgage?
Possibly. The decree can award you the home, but the lender is not bound by the decree. If you cannot refinance or formally assume the loan, the other spouse remains liable, and that usually leads to conditions such as a refinance deadline.
Can I make my spouse move out before the divorce is final?
Only by agreement or court order. A judge can grant one spouse temporary exclusive use of the home while the divorce is pending. Changing the locks on your own can backfire, especially if the other spouse also lives there.
What happens to the house if it was mine before we married?
A home you owned before marriage is generally your separate property and cannot be awarded to your spouse. However, if community funds paid down the mortgage or improved it, the community may have a reimbursement claim that is factored into the division.
How is the home's value determined?
Spouses can agree on a value, rely on a broker’s opinion, or hire a licensed appraiser. In a contested case, an appraisal is usually the most persuasive evidence. The appraised value is then reduced by the mortgage balance to find the equity.
Last reviewed November 13, 2026. General information only, not legal advice.