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DIVIDING REAL ESTATE

Dividing real estate in a Texas divorce involves several steps and considerations. Texas follows community property laws, which generally dictate that property acquired during the marriage is considered community property and is subject to division. However, the process can be complex, and the division of real estate will depend on various factors, including the specific circumstances of the divorcing couple and their agreement or court order. Here are some key points to consider:

  1. Identify the Real Estate: Make a comprehensive list of all real estate properties owned by you and your spouse. This includes the family home, vacation properties, investment properties, and any other real estate assets.
  2. Valuation: Determine the fair market value of each property. This may require a professional appraisal to ensure an accurate valuation.
  3. Classification: It's essential to establish whether the property is community property, separate property, or a combination of both. Property acquired during the marriage is typically considered community property, while property acquired before the marriage, through inheritance, or as a gift is considered separate property.
  4. Division Methods: There are several ways to divide real estate in a divorce:
    • Sale and Split: The most straightforward method is to sell the property and divide the proceeds between the spouses. This is common for the family home.
    • Buyout: One spouse can buy the other's interest in the property by either refinancing the mortgage to remove the other spouse's name or making a cash payment to compensate for their share.
    • Co-ownership: In some cases, the spouses may choose to continue co-owning the property even after the divorce. This is less common and may require clear agreements on responsibilities and expenses.
    • Deferred Sale: The court can order that a property is not sold immediately, especially if it would be detrimental to the well-being of the children or if there are other compelling reasons.
  5. Tax Considerations: Keep in mind that the division of real estate may have tax implications. Consult with a tax professional to understand the potential tax consequences of the division.

The specifics of dividing real estate in a Texas divorce can vary significantly from case to case, depending on the unique circumstances and the agreements reached between the divorcing parties. Consulting with an attorney and, if necessary, other professionals, such as real estate appraisers or tax experts, can help ensure a fair and legally compliant division of real estate assets.

If you have questions, we have answers.

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