Selling a House During Divorce in Texas — What You Need to Know
Divorce is hard emotionally, financially, and legally. For many couples in Texas, the most complicated piece of the process is deciding what to do with the house. Texas is a community property state, which means your home is often considered joint property, even if only one spouse’s name is on the deed or mortgage.
If you’re thinking about selling your home during a divorce, this guide walks through how it works in Texas, what you need to know ahead of time, and the options that help you avoid unnecessary conflict or financial stress.
Is the House Considered Community Property in Texas?
In most cases, yes. Under Texas law, any property acquired during the marriage is presumed to be community property unless one spouse can prove otherwise.
A home is usually community property if:
It was purchased after the wedding
Mortgage payments were made with marital income
Both spouses contributed to the purchase or upkeep
When a house might be separate property:
One spouse purchased it before marriage and kept it fully separate
It was gifted to one spouse
It was inherited by one spouse
Even in these cases, things get complicated if marital funds were used for improvements or mortgage payments. Courts may award reimbursement or partial interest.
Do Both Spouses Have to Agree to Sell the House?
In almost every situation: Yes. Even if only one spouse’s name is on the mortgage, Texas community property laws require mutual agreement to sell the marital home during a divorce—unless a court orders otherwise.
If one spouse refuses to sell:
A judge can order the sale
A judge can award exclusive use of the home to one spouse
The court can divide equity another way
But these outcomes typically require legal filings and time, which is why many couples choose to work out a sale agreement themselves.
Should You Sell Before, During, or After the Divorce?
There’s no one-size-fits-all answer, but here’s how each option usually plays out.
Selling Before the Divorce
Pros:
Clean financial separation
Equity can be divided before the decree
Fewer disagreements later
Cons:
Emotions may run high
Both spouses must cooperate on pricing, repairs, showings, and decisions
Selling During the Divorce
Pros:
The court can provide structure or deadlines
Attorneys can help settle disagreements
Proceeds can be held in trust until the case ends
Cons:
Buyers, agents, title companies must coordinate with two parties
Delays are common
Selling After the Divorce
Pros:
Only one spouse may control the sale if awarded the home
Less emotional tension
Cons:
One spouse may take on the mortgage alone
Market conditions can change
Missed opportunities to use equity to settle community debts
Most couples choose to sell before or during the divorce to simplify the process.
How Is Equity Split in a Texas Divorce?
Texas courts do not always divide everything 50/50.
Instead, they divide community property in a way the court considers “just and right.”
Factors courts consider include:
Income and earning potential
Who will care for minor children
Fault in the breakup (adultery, abuse, etc.)
Financial needs of each spouse
Separate property claims
When selling the home, equity is usually divided according to:
Mutual agreement between spouses, or
The judge’s ruling in the final decree
If sold during the divorce, funds typically go into a title company escrow or attorney trust account until distribution is finalized.
What If One Spouse Wants to Keep the House?
This is common, especially when children are involved.
The spouse who keeps the home usually has to:
Refinance the mortgage into their own name
Buy out the other spouse’s share of the equity
Remove the other spouse from the deed
However, this only works if the spouse keeping the home:
Qualifies for the mortgage on their own
Can afford the ongoing payments
Has enough cash or equity to complete the buyout
Many divorcing couples discover that keeping the house isn’t financially realistic—and selling becomes the simplest option.
Can You Sell the House As-Is During a Divorce?
Yes., And many couples in Dallas choose this route to reduce conflict, save time, and avoid repairs.
When selling as-is to a local buyer, the process:
Requires no repairs or updates
Allows flexible closing timelines
Uses the sale to pay off the mortgage, taxes, or liens
Lets the couple divide the remaining cash fairly
It’s often a smoother option when communication is limited or the home needs serious work.
How the Selling Process Works During Divorce in Texas
Here’s what the process typically looks like:
Both spouses agree to sell or a judge orders it
Hire an agent or consider a direct local cash offer
Agree on listing price, offer terms, or cash offer amount
Title company prepares documents requiring signatures from both spouses
Net proceeds go into a trust account or are split at closing
Final distribution is handled by the divorce decree
Because divorce sales require signatures from both spouses, choosing a buyer familiar with divorce transactions can prevent delays.
What Many Couples in Dallas Choose to Do
Every situation is unique, but these are the most common solutions:
Option 1 — Sell the House and Split the Proceeds
Cleanest and fastest way to move forward.
Option 2 — One Spouse Buys Out the Other
Works only if one spouse can afford the mortgage alone.
Option 3 — Sell the House As-Is to a Local Buyer
Best when:
The home needs repairs
Communication is difficult
You want a quick closing
You need to avoid carrying two households
Option 4 — Court-Ordered Sale
Last resort if the couple cannot agree.
How I Help Dallas Couples Going Through Divorce
Every month, I help homeowners in Dallas navigating a divorce who need:
A fair, transparent offer
Help coordinating signatures from both spouses
A sale timeline that works for both parties
A cash offer that avoids repairs and showings
A neutral third party who can help keep things calm and organized
If you’re considering selling the home—or want to compare a cash offer vs. listing—I can give you a clear breakdown of your options.
You can get a custom offer in about 60 seconds here:
No pressure, no obligation, just information to help you make the right choice for your situation.
