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Can my spouse keep the house after our divorce?

If you are one of the many people in Texas who is facing a divorce, you will have many difficult decisions with which to deal. Even if the face of the emotional impact of your divorce, you will need to assess many of these decisions from a practical, financial perspective. The more you can take emotions out of the decisions, the better it might be for you in the long term.

If you own a home with your spouse, it is not uncommon for that person to want to keep the house after your divorce is over. This is especially common if you have young children together as your partner might be very focused on trying to maintain stability wherever possible for the sake of the kids. Before you rush in and allow this to happen, you should understand how to protect yourself against future credit problems or collections efforts.

Bankrate explains that if your divorce decree outlines responsibility for the mortgage to your spouse but your joint mortgage remains effective, the bank considers you still financially responsible for the loan. The only way to eliminate your financial liability for the home is for your spouse to get a new mortgage in their name only.

This information is not intended to provide legal advice but is instead meant to help give divorcing spouses in Texas some information that they can use to make wise financial choices for themselves when navigating the decision about how to deal with their marital homes.

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Law Thompson, P.C.
14405 Walters Road, Suite 960
Houston, TX 77014

Phone: 281-369-8665
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