Does the firm have an office in Midlothian?
No. Katie L. Lewis, P.C. Family Law is based in Dallas at 10440 N. Central Expressway, Suite 1100, and works with clients who live in Midlothian and throughout the Dallas area.
Midlothian · Divorce and property division
Midlothian Divorce and the Family Home
In a growing community, many divorcing couples bought their home recently, built it new, or moved up from a first house. Deciding what happens to that home, and to the mortgage that comes with it, is often the center of the property division. Katie L. Lewis, P.C. Family Law, a Dallas family law firm, works with Midlothian spouses on those decisions.
Who we work with
Serving Midlothian clients from our Dallas office
Our office is in Dallas at 10440 N. Central Expressway, Suite 1100. We do not have an office in Midlothian, and we work with clients who live there and throughout the Dallas area.
For many Midlothian households, the home is the largest asset in the marriage and the largest debt. The firm's attorneys help clients understand how Texas law treats that home, what records matter, and which practical options are realistic for their situation before decisions are made.
The family home
Four questions about the home in a Texas divorce
Residential real estate raises the same core questions in most divorces: what the home is worth, what is owed on it, who contributed what, and what the documents show. Below is a general overview to help you prepare. It is not a prediction of how any issue will be resolved in your case.
What the home is worth
A home's value is usually the starting point for every other decision about it. In an area where homes have been built and bought recently, the purchase price, the tax appraisal, and what the house would sell for today can be very different numbers.
Spouses may agree on a value, rely on a broker's opinion, or obtain a formal appraisal. A value both sides understand and can support tends to make negotiations over the rest of the estate more productive.
Related: Property division
Equity and the mortgage
Equity is generally the home's value less what is still owed on it, including any home equity loan or line of credit. For a recently purchased home, equity may be modest even when the house itself is valuable.
A divorce decree can assign responsibility for the mortgage to one spouse, but it does not change the loan agreement with the lender. If both spouses signed the note, the lender may still look to both of them until the loan is refinanced or paid off. That is worth keeping in mind when deciding who keeps the home.
Related: Divorce planning
Property from before the marriage or from separate funds
Texas presumes that property either spouse possesses when the marriage ends is community property. Property owned before the marriage, or received by gift or inheritance, is generally separate property, but the spouse claiming it must prove that claim by clear and convincing evidence.
A home can involve both. A house one spouse owned before the marriage may have been paid down with income earned during it, or a down payment may have come from savings that predated the marriage or from a gift from family. Those facts can give rise to separate property or reimbursement claims, and each depends on the specific records available.
Related: Property division
Records that trace the money
Separate property claims usually turn on tracing: showing, with documents, where the money for a down payment, a payoff, or an improvement came from. Memories of how a purchase was funded are rarely enough on their own.
Closing statements, bank and brokerage statements from around the time of purchase, gift letters, and invoices for additions or major renovations can all matter. Gathering them early is often easier than reconstructing them after the case has started.
Related: Financial protection checklist
Practical paths
Common ways spouses resolve the home
There is no single right answer for the house. The best fit usually depends on the equity, each spouse's income and ability to qualify for financing, the needs of any children, and how the home fits with the rest of the estate.
Spouses who agree on a path can often build it into a settlement. When they cannot, a court will divide the estate as it considers just and right. Learn more about property division and uncontested divorce.
- Sell the home
- The house is listed and sold, the mortgage and closing costs are paid from the proceeds, and the remaining equity is divided as the spouses agree or the court orders. Spouses still need to agree on a listing price, who lives in the home before closing, and who pays expenses in the meantime.
- Refinance and buy out
- One spouse keeps the home, refinances the mortgage into their own name, and pays the other spouse for their share of the equity, either in cash or by taking less of another asset. This depends on that spouse qualifying for a new loan on a single income.
- Offset with other assets
- Instead of a cash payment, the spouse who keeps the home may receive less of the retirement accounts, savings, or other property. Different assets can carry different tax consequences and restrictions, so equal dollar amounts are not always equal in value.
- Delay the sale
- Some spouses agree to keep the home jointly for a set period, for example until a child finishes a school year, and sell it afterward. An agreement like this needs clear terms about payments, repairs, and what happens if either spouse wants out early.
Preparing
Records worth gathering about the home
Whether you expect to keep the home, sell it, or are not sure yet, these documents help show what the home is worth, what is owed, and how it was paid for. Copies you can locate before a case begins can save time and expense later.
The firm's financial protection checklist covers other accounts and records that often matter, and our divorce planning page explains how to prepare more broadly.
- Closing disclosures or settlement statements from the purchase
- Current mortgage statements, including any home equity loan or line of credit
- Bank statements showing where the down payment came from
- Any gift letter or record of money received from family toward the home
- Deeds, including any deed signed during the marriage
- Invoices, contracts, and payment records for additions or major improvements
- Recent tax appraisal notices and any formal appraisal
Growing households
When the home changed as the family grew
Families in a growing area often move from one home to the next, sell a first house to fund a larger one, or add rooms and outdoor space as children arrive. Each step can blend money from different sources, and the equity from an earlier home may have carried into the current one.
Tracing that history is part of understanding what the current home represents. When children are involved, where each parent will live after the divorce also connects to child custody and support, and spouses who want to set terms for property in advance can review prenuptial and postnuptial agreements.
Next step
Talk with a family law attorney about your Midlothian divorce
If you are considering divorce or have been served, and you have questions about the home or other property, contact the firm to begin the intake process. The team will learn about your circumstances and explain what happens next. Read more about how our intake process works.
Frequently asked questions
Is a home bought during the marriage always split in half?
Not necessarily. A Texas court divides the community estate in a manner it considers just and right, which is not always an equal split, and part of a home's value may be separate property or subject to a reimbursement claim. How a particular home is treated depends on the facts and the records.
If my spouse keeps the house, am I off the mortgage?
Not automatically. A decree can make one spouse responsible for the mortgage, but the lender is not bound by the divorce. If both spouses are on the loan, a refinance or payoff is usually what removes the other spouse from it.
I owned my house before we married. Is it still mine?
A home owned before the marriage is generally separate property, but questions can arise if the mortgage was paid down or the home was improved with community funds during the marriage. Records from before and during the marriage help answer those questions.
Is the information on this page legal advice?
No. This page provides general information about Texas family law. Every case depends on its own facts, and you should speak with a licensed attorney about your situation before making decisions.