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Dividing real estate investments during divorce in Texas

On Behalf of | Aug 8, 2024 | Divorce

Dividing real estate investments in a Texas divorce can be a unique process. Understanding the laws and processes involved is important for ensuring a fair division of assets.

Community property rules

In Texas, the law follows community property rules. This means that both spouses usually own any property acquired during the marriage. You might find it hard to decide how to divide real estate investments. 

The key is to figure out when and how you acquired each property. For example, a house bought before marriage might be separate property. But if you used shared money to pay the mortgage, it could change the situation.

Valuing real estate investments

Figuring out how much each property is worth is another challenge. Real estate can change in value, making it tough to agree on a fair price. You might need an appraisal to get an accurate value. This can help you and your spouse understand what each property is worth and agree on how to divide it.

Tax implications

Selling a property might result in capital gains taxes. Keeping a property might have ongoing tax responsibilities. Understanding these tax implications can help you make informed choices. You want to avoid unexpected costs and ensure a fair division of assets.

Creative resolution strategies

You have options when dividing real estate investments. Sometimes, it makes sense to sell the property and split the proceeds. Other times, one person might buy out the other’s share. Some couples choose to continue co-owning properties as an investment. Exploring different options can help you find a solution that works for both parties.

Paving a new path

Deciding how to divide real estate investments during a divorce can be complex, but you have options. These decisions can impact your financial future, so take the time to consider what works best for both of you.

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