Q: Who gets the vacation home if we divorce in Texas?
A: It depends on whether the vacation home is considered community property or separate property. Texas is a community property state, meaning most assets acquired during the marriage belong to both spouses equally.
If the vacation home was purchased during the marriage with shared funds, it’s likely community property and subject to division by the court. If it was owned by one spouse before marriage, received as a gift or inheritance, or purchased with separate funds, it may remain that spouse’s separate property.
Determining Whether the Vacation Home Is Community or Separate Property
Texas courts look at how and when the home was acquired:
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Community Property: Bought during the marriage with joint income or assets.
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Separate Property: Owned before marriage, inherited, or purchased with funds proven to be separate (like proceeds from a premarital asset or inheritance).
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Mixed Ownership: When both community and separate funds were used, the court may apply a reimbursement claim to ensure fairness.
Proper documentation—such as deeds, mortgage records, and financial statements—is crucial to prove ownership and protect your interest.
H3: How the Court Divides a Vacation Home
If the vacation home is community property, Texas courts divide it in a way that’s “just and right” under Texas Family Code § 7.001. The court may:
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Award the home to one spouse and offset its value with other assets
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Order the home to be sold and divide the proceeds
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Create a buyout arrangement allowing one spouse to keep the property
Judges consider factors like each spouse’s income, contribution to the property, custody of children, and overall financial situation.
Common Disputes Involving Vacation Homes
Disputes often arise when:
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One spouse wants to keep the property for family use
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The home was used for rental income or business purposes
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The property’s value has significantly increased
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It was purchased using mixed funds or gifted money
Appraisals, title tracing, and financial analysis can help resolve these conflicts fairly.
Protecting Your Interests
If you want to keep or fairly divide your vacation home:
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Gather all purchase and financing records
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Document any renovations or contributions you made
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Avoid changing title or selling without legal advice
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Work with an experienced Texas family law attorney to trace ownership and value
At The Ashmore Law Firm, our attorneys help clients protect valuable assets—like vacation homes, investment properties, and real estate portfolios—during divorce through negotiation, mediation, or trial.
Learn More About:
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Community vs. separate property in Texas
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Property division and reimbursement claims
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Protecting real estate assets during divorce
Authority: Texas Family Code
