Board Certified in Family Law
Garland Divorce Lawyer: The House, Overtime and Retirement
In many Garland divorces, the biggest assets are the house and a retirement plan, and the biggest question is who can afford what afterward.
Keeping the House Is a Math Problem
Texas courts divide the community estate in a manner they find just and right (Texas Family Code § 7.001). That does not tell you who should keep the home. Before you fight for the house, work out whether one income can carry the payment, the insurance, the taxes and the repairs.
Also keep in mind that a divorce decree does not change your deal with the lender. If both names stay on the mortgage, the lender can still look to both of you, whatever the decree says. A plan to keep the house usually needs an answer to whether you can refinance, and by when.
Overtime Counts
For hourly and skilled-trades households, overtime can be a big share of real income. Texas Family Code § 154.062 counts it directly: net resources include all wage and salary income and other pay for personal services, including overtime, commissions, tips and bonuses.
That cuts both ways. If overtime has been steady, a support calculation based on base pay alone will not match reality. If it has dropped, bring records showing that. Pay stubs and tax returns for several years make a stronger case than an estimate.
Retirement Can Be Worth More Than the Equity
A long career can leave a retirement balance larger than the equity in the home. The part earned during the marriage is generally part of what gets divided, and dividing an employer plan commonly takes a separate order that the plan will accept. Get the plan's current statement early, and make sure the division is actually carried out after the decree is signed. For the details, see our guide to dividing retirement accounts.
Which County Is Yours?
Garland is mainly in Dallas County, with portions in Collin and Rockwall counties. Dallas County cases are heard by the family district courts at 600 Commerce Street in downtown Dallas. If your home is in one of the other portions, your filing county may be different, so check before filing. The county residency requirement in § 6.301 is 90 days.
Lisa G. Garza is Board Certified in Family Law by the Texas Board of Legal Specialization and has practiced Texas family law for more than 30 years.
Common Questions
If I keep the house, is my ex off the mortgage?
Not automatically. The decree does not change the loan contract, so the lender can still look to anyone who signed it unless the loan is refinanced or the lender releases them.
Does overtime count for child support in Texas?
Yes. Texas Family Code section 154.062 names overtime pay as part of net resources.
Will a Garland divorce be heard in Garland?
Usually not. Most Garland addresses are in Dallas County, where family cases are heard at 600 Commerce Street in downtown Dallas.