So many questions and so few answers.  We've been there.  We can help you through this process from start to finish. We are here to help. The first step should be to reach out to us so we can help guide you and help you avoid costly mistakes with the house.  

 How long does a divorce take in Texas?

Depending on your case, it may take as little as 60 days or as long as a few years. One case took over 14 years and is still not resolved! Likely this won't happen to you! The length of time it takes for a case to be resolved completely varies depending on the issues involved.

Taking into account the parents' and their living arrangements, for example, the court might order a social study. Social studies themselves can take from two months to a year or more. Property division is another example. Property matters may require the assistance of an expert to assess businesses or property values.

 The Average Length of a First Marriage is About 8 Years. The average duration before a marriage terminates is 8 years. The median duration of second marriages that ended in divorce was about the same as for first marriages for women, at 8 years, but longer for men at 9 years.   

Statistics on Divorce Rates. 12 Surprising Divorce Statistics

Another interesting statistic is 86% of people contemplate getting a divorce for 1 year before they ever file for Divorce. We experience this first hand as more people we talk to tell us the same thing, some even much longer than a year! 

If you are interest in learn more about how the divorce process might effect you, come to our divorce seminar.  

In Divorce, at least three different areas will need to agree upon, Property (ie; houses, cars, furniture), Debt, and children.  The court may issue Child support orders. 

Calculate your Child support payments. 

We will work closely with both attorneys and mediators to help determine the value of one of your most valuable assets. 

That is why being fully informed about your house and doing all the homework is vital. 

We are Experts on Divorce and Real Estate 

Yes!  Texas is one of nine states that is a community property jurisdiction. Community property means that most property acquired by both spouses during the marriage belongs to the community estate and is therefore subject to division at the time of divorce.

 You may have heard that Texas is a 50/50 state, division is not necessarily a 50/50 split.  A court may determine "is just and right" is not a 50/50 split.  A court bases a just and right division on the facts of each case.  Read more about Texas Community Property

Texas Family Code

Community property is everything that the spouses own together. Generally, that includes all property acquired during the marriage except property received by inheritance or gifts from separate property owned before marriage.

Community property is all property bought during the marriage with income received during the marriage. 

Separate property is any property that you or your spouse owned before the marriage or that you received during the marriage as a gift or inheritance. 

Our help extends across six different zones of risk; The Mortgage, Title, The Value of the Home, Mechanic Liens, Insurance, and Condition of the Property. We will help guide you down whichever path is best for you. It does not matter whether you plan on selling or staying put in your current home we can help you make informed decisions.

Watch our Divorce Videos

 Well, it depends. First, there must be no court-imposed restrictions. Also, if you need child or spousal support income to qualify for a new loan – you’ll need to wait. Otherwise, a pre-divorce purchase can be a great option.

NOTE: When purchasing a new home while still legally married, keep in mind that your spouse will be required to sign a Quitclaim Deed prior to closing. This will allow you to claim sole title to the new property. But you should likely be signing a Special warranty Deed instead. 

Read more Divorce and Mortgage Questions

  An owelty lien is a tool to utilize when the equity of a home needs to be split. 

 Owelty liens are a type of deed that allows divorcing couples to divide the existing equity in the marital home. This action is commonly utilized in divorces to “buy out” the remaining spouses’ interest in a home.

The party giving up their interest in the home obtains a lien against the property through a divorce decree, called an Owelty lien. The Owelty lien must be filed at the courthouse in the county records. When the party retaining their interest in the house refinances or sells the home, the other party is paid the value of their Owelty lien. This solution allows one person to obtain the full interest in the home while removing the exiting spouse from the mortgage, while also providing the exiting spouse with cash.

 In Texas, the Owelty lien is more valuable than any other state. It is the only way a divorcing couple can access more than 80% of the home's current value without violating the Texas A6 law, or "cash-out law". Without the Owelty Lien, borrowers will pay cashout rates rather than the traditionally lower rate and term rates. 

We can connect you with a Local Lender that can help you walk through this process.

Need to know how much equity you have? 

Use our House Buyout Divorce Calculator 

The three options but first Know if you can afford it?

•   Refinance before filing for divorce - If you refinance before you file, you report that you’re still married 

•  Refinance while separated - Lenders may not be able to help since they can’t know for sure what your monthly debts will be.  

• Refinance after finalizing the divorce - In many divorces, one of the parties will have to pay alimony, maintenance or child support. To a mortgage lender, these payments are viewed as a monthly obligation, like a car payment. When trying to refinance, this will be included in your debt-to-income (DTI) ratio, which affects your new rates.  

Read our blog post on Can I Buy a House before my Divorce is Final?

 This is where the Qualified Domestic Relations Order (QDRO) will be created. The divorce decree must order that these assets will be divided. The court then must approve the QDRO and the order must be passed to the administrator of each retirement account. 

Read our Blog Post on QDROs

Check out our Divorce Videos