Assuming the home was purchased during the marriage, since Texas is a community property state, it doesn’t matter which spouse made the house payments because the payments were made with community funds. The equity in the house will be divided between the parties, usually a 50-50 property division is presumed, however, if there was faults in the break up of the marriage, such as infidelity, it’s certainly possible for her to receive more than 50% of the equity in the home. I hope this is helpful.
If you would like a case assessment and to speak with a Texas family law attorney please contact us.