Does My Spouse Get to Keep the House in Our Divorce if They Make More Money?

 Posted on June 10, 2026 in Property Division

Higher income alone doesn't give your spouse the right to keep the house in a Texas divorce. Texas law covers dividing property fairly between spouses based on the total value of the assets they shared during marriage. If you're worried about asset division in your 2026 divorce, a Tarrant County, TX divorce attorney can help you understand what you're actually entitled to.

How Does Texas Law Decide What Gets Divided in Divorce?

Division of assets is done based on what is considered the couple’s "marital" or "community" property. Texas Family Code § 3.002 defines community property as any property acquired by either spouse during the marriage. It doesn’t matter whose name is on the title or deed. This includes the family home if it was purchased after the wedding.

Part of your spouse’s income is also likely community property. Under Texas law, wages and salaries earned during the marriage belong to both spouses equally.

Separate property is not subject to division. This is property owned by one spouse before the marriage, or else received during the marriage as a gift or inheritance. In the case of your home, this may affect how the division goes if your spouse bought the home with their own funds before you were married, or else has clear documentation of the house being purchased with funds from a gift or inheritance during the marriage.

What Rules Do Texas Courts Typically Use to Divide Community Property in a Divorce?

Property splits in Texas divorces aren’t automatically 50/50. Texas Family Code § 7.001 indicates that a court should divide community property in a manner that is "just and right." It should take into account the circumstances of both spouses and any children of the marriage.

Courts look at a list of factors to determine what is just and right for the situation. These can include:

• Each spouse's earning capacity and financial situation going forward

• What led to the breakup of the marriage (Texas courts can consider adultery or cruelty)

• Whether children are involved and which parent has primary custody

• Each spouse's separate property holdings

• The length of the marriage

The court’s intention is not to punish either spouse for making money or not making money. If the lower-earning spouse gave up career opportunities to raise children or support the other's career, courts will consider this before making the final division. The same is true if one parent is the primary caretaker for the children living in the family home.

What Are the Options for Dividing the House in a Texas Divorce?

When a divorcing couple owns a home together, there are typically three ways it can be resolved.

Buyout

One spouse buys out the other's interest and refinances the mortgage solely in their name. This works when one spouse can qualify for the loan alone, and both parties agree on the home's value.

Sale

The house is sold, and the proceeds are divided. This is the cleanest option when neither spouse can afford to keep the home alone, or when the parties can't agree on a buyout price.

Temporary Residency

One spouse stays in the home temporarily, often the parent with primary custody of the minor children. The sale or buyout is deferred to a future date, such as when the youngest child finishes high school. Courts sometimes order this arrangement to minimize disruption for children.

What your spouse earns doesn't determine which of these outcomes applies. The court will work to find the solution that makes the most long-term sense for you, your spouse, and your children, if you have any.

Call Our Dallas, TX Asset Division Attorney Today

Property division is often one of the most contested parts of a divorce, and having legal representation can make the process much less stressful. Our Tarrant County, TX divorce lawyer brings over 25 years of legal experience to every case, including a background as a former prosecutor for the Dallas County District Attorney's Office. Call the Law Office of Michelle Poblenz at 469-845-3031 to schedule your consultation today.