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  So many questions and so few answers.  We've been there.  We can help you through this process from start to finish. We are here to help. The first step should be to reach out to us so we can help guide you and help you avoid costly mistakes with the house.  

 How long does a divorce take in Texas?

Depending on your case, it may take as little as 60 days or as long as a few years. One case took over 14 years and is still not resolved!

 Likely this won't happen to you! The length of time it takes for a case to be resolved completely varies depending on the issues involved.

Taking into account the parents' and their living arrangements, for example, the court might order a social study. 

Social studies themselves can take from two months to a year or more. Property division is another example. Property matters may require the assistance of an expert to assess businesses or property values.

 The Average Length of a First Marriage is About 8 Years. The average duration before a marriage terminates is 8 years. The median duration of second marriages that ended in divorce was about the same as for first marriages for women, at 8 years, but longer for men at 9 years.   

Statistics on Divorce Rates. 12 Surprising Divorce Statistics

Another interesting statistic is 86% of people contemplate getting a divorce for 1 year before they ever file for Divorce. We experience this first hand as more people we talk to tell us the same thing, some even much longer than a year! 

If you are interest in learn more about how the divorce process might effect you, come to our divorce seminar.  

Well, it depends. First, there must be no court-imposed restrictions. Also, if you need child or spousal support income to qualify for a new loan – you’ll need to wait. 

Otherwise, a pre-divorce purchase can be a great option.

We would Also Recommend having agreeing in place between both Party of the divorce, In Texas we will Use a Rule 11. 

Contact Us to learn more. 

NOTE: When purchasing a new home while still legally married, keep in mind that your spouse will be required to sign a Quitclaim Deed prior to closing. This will allow you to claim sole title to the new property. 

But you should likely be signing a Special warranty Deed instead. 

Thinking of selling your property? 

Our team of expert agents will help you get the best possible price for your home, with a customized marketing strategy and expert negotiation skills.

Competitive Market Analysis (CMA) shows the prices of comparable sales of homes in your neighborhood and is a starting point for the best sales price of your home. We take the CMA along with other information about your house to help determine the top market price at which we would market the property.  

The Gifford Group can answer the question, 

What is my house worth?

Yes, a current CMA is a priceless piece of information that we would recommend in every Divorce situation. We can provide the CMA for free to our clients. 

Yes!  Texas is one of nine states that is a community property jurisdiction. Community property means that most property acquired by both spouses during the marriage belongs to the community estate and is therefore subject to division at the time of divorce.

 You may have heard that Texas is a 50/50 state, division is not necessarily a 50/50 split.  

A court may determine "is just and right" is not a 50/50 split.  

A court bases a just and right division on the facts of each case.  

Read more about Texas Community Property

Texas Family Code

Community property is everything that the spouses own together. Generally, that includes all property acquired during the marriage except property received by inheritance or gifts from separate property owned before marriage.

Community property is all property bought during the marriage with income received during the marriage. 

Separate property is any property that you or your spouse owned before the marriage or that you received during the marriage as a gift or inheritance. 

An owelty lien is a tool to utilize when the equity of a home needs to be split. 

 Owelty liens are a type of deed that allows divorcing couples to divide the existing equity in the marital home. This action is commonly utilized in divorces to “buy out” the remaining spouses’ interest in a home.

The party giving up their interest in the home obtains a lien against the property through a divorce decree, called an Owelty lien. 

The Owelty lien must be filed at the courthouse in the county records. When the party retaining their interest in the house refinances or sells the home, the other party is paid the value of their Owelty lien. 

This solution allows one person to obtain the full interest in the home while removing the exiting spouse from the mortgage, while also providing the exiting spouse with cash.

 In Texas, the Owelty lien is more valuable than any other state. It is the only way a divorcing couple can access more, Typically 95%. 

More than 80% of the home's current value without violating the Texas A6 law, or "cash-out law". Without the Owelty Lien, borrowers will pay cashout rates rather than the traditionally lower rate and term rates. 

We can help you walk through this process.

Need to know how much equity you have? 

Use our House Buyout Divorce Calculator