Mar 162 min
(Both the video and article offer distinct perspectives and information. Be sure to check out both for a comprehensive understanding. The video provides visual clarity, while the article delves into specific details. Together, they provide valuable insights to help you navigate your situation effectively.)
When it comes to handling the sale of a home during a same-sex marriage divorce, we're seeing an increasing number of out-of-state individuals now residing in Texas. While this may seem like a trivial question for some, it's precisely what others are contemplating.
In Texas, same-sex marriages are treated equally to opposite-sex marriages concerning divorce and property division, following the community property principles. This means that any assets acquired during the marriage, including the home, are jointly owned by both spouses.
When it comes to selling a house in a divorce situation:
Ideally, you and your spouse can reach an agreement on how to handle the house. This might include:
Selling the house and dividing the proceeds after settling any debts.
One spouse buying out the other spouse's share of the house, provided they qualify for a mortgage independently.
One spouse retaining the house and assuming full responsibility for the mortgage, potentially compensating the other spouse for their equity share.
If an agreement cannot be reached outside of court, court intervention may be necessary. A judge will oversee the division of marital property, including the house. This can involve an appraisal, but not always, to assess the home's value and consideration of each spouse's financial circumstances.
Finding an LGBTQ+ friendly realtor can offer additional support. While not essential, you might feel more comfortable working with a realtor experienced in assisting same-sex couples during divorce. They can provide sensitive and knowledgeable guidance throughout the process. As someone who has had several LGBTQ+ clients, I am happy to offer my assistance.
As a realtor familiar with the LGBTQ+ community, I recognize the potential challenges such as discrimination that LGBTQ+ couples may face during the home-selling process, especially amidst a divorce. By being proactive and sensitive to these concerns, I strive to create a safe and inclusive environment for all my clients. Rest assured, I am committed to ensuring no discrimination or negativity throughout the selling process.
For further assistance, you may find these resources helpful:
Texas Law Help - Same-Sex Divorce in Texas: https://texaslawhelp.org/family-divorce-children/divorce and https://texaslawhelp.org/article/same-sex-divorce-in-texas
Willie Dascher Law - Division of Property Issues in Same-Sex Divorce Cases in Texas:
https://www.maryquinnlaw.com/property-division/dividing-property-during-gay-divorce/