What if Both Spouses Want to Stay in Marital Home During Divorce? [TX]

The Texas Divorce Process and Staying in the Marital Home

The marital home is often one of the most contested assets in a Texas divorce. Under Texas divorce laws, the marital home is usually considered community property and, therefore, subject to division.

But what if both spouses want to live in the marital home during divorce proceedings?

In this post, we’ll explain how the marital home is viewed under Texas law, your options if you and your spouse want to remain living in the marital home during Texas divorce proceedings, and how our team at Varghese Summersett Family Law Group can help you through this time in your life.

But first, please watch this informative video by experienced family law attorney Turner Thornton regarding what happens to the marital home during a divorce.

Living Together During Texas Divorce

There are various reasons why spouses may choose to live together during a Texas divorce, such as financial constraints or for the sake of their children. However, it is essential to understand the advantages and disadvantages of cohabitating in the marital home during Texas divorce proceedings.

One advantage is the potential cost savings of maintaining a single household. Conversely, living together during a divorce can be emotionally challenging and may lead to increased conflicts. In some cases, the court may grant exclusive possession of the marital home to one spouse if there is a history of family violence or if living together is not in the children’s best interest.

How Can Spouses Stay in the Marital Home During Divorce Proceedings in Texas?

If both spouses want to remain in the marital home during divorce proceedings, they may face some challenges. However, it’s not impossible. Here are some potential options:

Reach an agreement

The spouses can try to discuss and reach a mutual agreement about how to share the marital home during the divorce process. This could involve establishing boundaries, allocating responsibilities, and creating schedules for shared spaces. They should put any agreed-upon terms in writing.

Nesting arrangement

A “nesting” arrangement is an alternative solution where the children remain in the marital home, and the parents take turns living there with the children. This allows for minimal disruption to the children’s lives during the divorce process. The parents need to agree on a schedule and any rules or expectations for this arrangement.

Temporary orders

If the spouses cannot reach an agreement, they may request the court to issue temporary orders. These orders can address matters like possession of the marital home, child custody, and financial support. When making these decisions, the court will consider the children’s best interests and the parties’ needs.

Mediation

If the spouses cannot agree, they can participate in mediation. A neutral third party (the mediator) will help them negotiate and find a solution that works for both parties.

Court intervention

If all else fails and the parties are unable to reach an agreement, they may need to bring the issue before the court. The judge will consider factors such as the children’s best interests, each spouse’s financial resources, and the emotional and physical well-being of the parties involved before deciding about the marital home during the divorce process.

It’s essential to consult with an experienced family law attorney who can help navigate the specific circumstances of a divorce case in Texas.

Navigating Divorce Negotiations and Mediation

Mediation can be a helpful tool to reach a resolution regarding the marital home during Texas divorce proceedings. During mediation, both parties work with a neutral third-party mediator to discuss their concerns and try to reach an agreement. Divorce negotiations for the marital home can be challenging, but with the help of experienced attorneys like those at Varghese Summersett Family Law Group, you can navigate the process more effectively and hopefully reach an amicable resolution for everyone involved.

Co-parenting and Living Arrangements During Divorce

If you decide to live together during the divorce process, it’s essential to establish co-parenting strategies and boundaries. For instance, create a schedule for parenting time and household chores, and avoid discussing contentious divorce issues in front of your children.

Reasons Why a Judge May Not Allow Spouses to Live in the Marital Home During Divorce

A judge might not allow spouses to remain in the marital home during Texas divorce proceedings for multiple reasons. Keep in mind that each case is unique, and a judge will consider various factors before making a decision. Some possible reasons include:

Safety concerns

If there are allegations or evidence of domestic violence, abuse, or threats to the safety of one spouse or the children, a judge may order one spouse to leave the home to protect the well-being of the other spouse and any children involved.

Best interests of the children

Judges prioritize the children’s best interests when making decisions about possession of the marital home. If the judge believes that it’s not in the children’s best interest for both parents to remain in the home due to ongoing conflict or other factors, they may order one parent to leave.

Financial considerations

The court may find that one spouse cannot afford to maintain the marital home during the divorce proceedings or that the home should be sold to divide the assets equitably. In such cases, the judge might order the sale of the home or one spouse to move out.

Unreasonable behavior or harassment

If one spouse is engaging in unreasonable behavior, such as harassment or intentionally making the other spouse’s life difficult, the judge may order the offending spouse to vacate the home.

Limited space or resources

If the marital home is small or limited in resources, a judge may determine that it is not feasible for both spouses to remain comfortable in the home during the divorce proceedings and order one spouse to leave.

Ultimately, a judge will consider each case’s unique circumstances, including the children’s best interests, the financial resources of each spouse, and the emotional and physical well-being of the parties involved. If you are facing a divorce in Texas, the attorneys at Varghese Summersett Family Law Group can provide guidance tailored to your specific situation.

Need Help Navigating A Texas Divorce? Call Varghese Summersett.

You don’t have to navigate this challenging time alone. Varghese Summersett’s Family Law Group has decades of experience helping clients through the divorce process. We can help you, too.  Contact us today at 817-900-3220 or reach out online to learn more.

FAQ: Texas Marital Home Laws During a Divorce