Are There Reasons Not to Keep Your Home in a Texas Divorce?

 Posted on June 20, 2025 in Divorce

For Texas couples going through divorce, one particularly difficult decision is often what to do with their marital home. While it may seem like keeping the house is the best option, it is not always the most practical or financially sound decision. If you are headed toward a divorce, seek guidance from a qualified San Antonio, TX family law attorney who can help you think through the full picture to help you understand what best serves your interests.

What Are the Risks of Keeping the House After Divorce?

The idea of staying in your home can be comforting, but divorce changes both your financial situation and your legal obligations. In Texas, property acquired during the marriage is considered community property, which generally means it is subject to a 50/50 division under Texas Family Code Section 3.002. Keeping the house might mean buying out your spouse’s share, refinancing the mortgage, or accepting less of other marital assets.

Some of the most common reasons people choose not to keep the marital home include:

The Mortgage is Too Expensive for One Person

After a divorce, your household income is likely lower than it was during the marriage. Taking on a mortgage that was once supported by two people can strain your budget. Even if you receive child support or spousal maintenance, those payments might not be reliable or enough to cover the total cost of the home.

Maintenance and Property Taxes Add Up

In addition to the mortgage, you will be responsible for maintaining the home. This includes paying for insurance, utilities, repairs, and property taxes. All of these combined can be too much for many people to afford on their own.

You May Need to Refinance the Loan

If both spouses are on the mortgage, the person keeping the house will need to refinance in their own name. This can be difficult if your credit score or income does not qualify you for a new loan. If your ex remains on the mortgage, they could be held liable if you miss a payment — even if they no longer have any ownership interest in the home.

You Might Be Giving Up Other Valuable Assets

To keep the house, you might have to forgo other marital property like retirement accounts, savings, or business interests. Sometimes, the house has more emotional value than financial value, and trading away liquid assets for an illiquid one like a home can lead to long-term financial consequences and regret.

The Home May Not Appreciate in Value

While real estate is often seen as a good investment, not all properties increase in value. Texas has seen housing market declines and skyrocketing property taxes over the years. If that happens, your home could become more of a burden than an asset.

Is It Ever a Good Idea to Keep the House?

In some situations, keeping the home makes sense. For example, if you have school-aged children and want to avoid uprooting them, or if the home is already paid off and maintaining it is within your means, staying might be a smart move. But these benefits should be weighed against the long-term costs and your ability to maintain the property on your own.

As of June 2025, Texas family courts still encourage parties to come to their own agreements regarding property division. However, judges will review the proposed agreement to ensure it is fair and does not leave one spouse at a severe disadvantage.

What Should You Consider Before Deciding Whether to Keep Your House in a Divorce?

Before deciding whether to keep the house, speak with a family law attorney and a financial advisor. Some questions to ask include:

• Can I afford the mortgage, taxes, and maintenance on my own?

• Am I giving up other valuable property to keep the house?

• Would selling the house and splitting the proceeds be a better option?

• How will this decision affect my financial stability over the next five to ten years?

Contact a Bexar County, TX Divorce Lawyer

If you are considering divorce and are unsure whether to keep the marital home, speak with a knowledgeable San Antonio, TX divorce attorney at Brandon Wong & Associates. Our team can help you evaluate your options and negotiate a fair property division that supports your long-term financial goals. Call 210-201-3832 to schedule a consultation and get the guidance you need to protect your future.