Williamson County, TX · Free Consultation
Jollyville, TX Contested Divorce Lawyer
For most divorcing couples, the house is the biggest asset — and the hardest to divide. SMB Law, PC helps Jollyville spouses resolve what happens to the marital home. A Jollyville contested divorce lawyer knows the marital home is usually the biggest and most emotional asset to divide. Shane M. Boasberg has handled Central Texas divorces for more than twenty years and personally resolves what happens to the house.
In Jollyville’s established neighborhoods, a family home is often a couple’s largest asset and a deeply emotional one, which makes it a central issue in a contested divorce.
Where a Jollyville contested divorce is filed
Most of Jollyville lies in Williamson County, so a contested divorce is filed with the Williamson County District Clerk at the Justice Center in Georgetown; the Travis County portion files in Austin. Many issues are resolved before trial.
Dividing the marital home
The family home is usually community property if it was bought during the marriage, and dividing it is rarely as simple as splitting it in half. Divorcing couples generally have three paths: one spouse buys out the other’s share and keeps the house, the couple sells it and divides the proceeds, or — less often — they co-own it for a set period, such as until the children finish school. A buyout usually requires refinancing to remove the departing spouse from the mortgage, which depends on the keeping spouse qualifying on their own income. If one spouse owned the home before marriage or used separate funds for the down payment, part of its value may be a separate-property or reimbursement claim that changes the math. Getting an accurate current value, and accounting for the mortgage, the equity, and any separate-property interest, is essential. We help Jollyville spouses weigh keeping versus selling, structure a fair buyout, and make sure the decree actually handles the mortgage and title correctly.
Handling the mortgage and title cleanly
The part of a Jollyville home division that trips couples up is the financing, not the emotion. A decree can award the house to one spouse, but because the mortgage lender is not bound by the divorce, the departing spouse stays legally on the loan until it is refinanced — meaning their credit is exposed to a missed payment on a house they no longer own. We make sure the decree ties the award of the home to a refinance or sale deadline, uses an owelty lien where needed to secure a buyout, and transfers title with the right deed. That turns a general ‘you keep the house’ into an arrangement that actually protects both spouses and holds up after the divorce is final.
Experienced advocacy when a divorce turns adversarial
A contested divorce is one of the hardest things a person goes through, and it rewards a steady, experienced hand. You work directly with attorney Shane M. Boasberg, who has represented Texans for more than two decades and has been licensed by the State of Texas since 2003. He fights for what matters to you while keeping the case focused and moving, explains every step in plain English, and keeps you informed from your first confidential consultation through the final decree.
Working with us from Jollyville
Our office is in downtown Austin, an easy reach from Jollyville. We handle most consultations and case updates by phone and video, and your first consultation is confidential. If travel is difficult, we can also come to you.
Why clients choose SMB Law, PC
- Direct attorney access — you talk to Shane, licensed since 2003, not a call center.
- A clear strategy — we fight where it counts and settle where it makes sense.
- Honest advice and transparent fees explained before you commit.
What working with us looks like
- Confidential consultation to understand your goals and the law that applies.
- Strategy and records tailored to your situation.
- Negotiation or court — we settle when we can and litigate when we must.
- Final decree entered correctly so you can move forward.
Frequently asked questions
Who gets to keep the house in a Texas divorce?
It depends on the overall property division. One spouse may buy out the other, or the home may be sold and the proceeds divided.
Do we have to sell the house?
Not necessarily. A buyout or a period of continued co-ownership is possible, though a buyout usually means refinancing the mortgage.
What happens to the mortgage after divorce?
The decree can assign it, but the lender is not bound by it, so the keeping spouse usually must refinance to remove the other from the loan.
Do I have to travel to your office from Jollyville?
No. Our office is in downtown Austin, about 14 miles southeast via US-183 and Mopac, and we handle Jollyville divorces by phone and video.