How to Sell a House During a Divorce in Texas

Is selling a house during a divorce in Texas possible? One of the most common questions from a couple going through a divorce is whether they can sell a property in the process. While the separation process is difficult, and we don’t want to add more trouble to the situation, the unfortunate truth is that “it depends.”

There are a few legal considerations and financial upsides to selling a marital home, so it’s entirely possible. However, the divorce proceedings can complicate the process. 

Below, we look at some of those financial and legal reasons to sell, the process, and what the best opportunity might be for everyone involved. Additionally, we want to consider who is liable for selling a house and how much it might cost. 

If you want to sell a home in Texas as you go through a divorce, this guide is here to help you make a confident decision. 

Divorce & Real Estate in Texas

Dividing “real property” during a divorce is rarely straightforward. This is especially true when it’s not clear whether a home is marital property. So, what is “real property”?

Real property is land and anything attached to that land, including houses, buildings, and fixtures. A mobile home, for example, is not “real property” because it doesn’t attach to the land. However, the land that it sits on is real property. 

Can You Sell Your House During a Divorce? 

It is entirely possible for you to sell a house during a divorce in Texas. However, you want to be on the same page as your spouse when it comes to sale. It’s much simpler when both partners agree that selling the property is the best option. 

While this in itself may be a challenge, it’s good to keep an open line of communication and be direct about what you plan to do. It’s rarely easy to let go of a home, but in a divorce, it can lead to financial and emotional levity. 

How Is Real Property Divided in a Divorce?

In a Texas divorce, a house is either separate or community property. Generally, separate property is anything owned before the marriage, and community property is shared property. 

If a home is separate property, the court has no power to award it to the other spouse. However, this requires a clear, convincing argument as to why it is separate. 

Community property has to be divided in some way. Since you can’t really split real estate in half, the couple has to determine the value of the home and decide how to divide any equity or debt. While one party can keep it, it may be more beneficial to sell the property. 

The marital home is the single most common piece of real estate divided during a divorce in Texas. There are a few different ways to handle the property. 

• One spouse stays in the home and keeps the house and any debt. 
• The couple might agree that one spouse keeps the house while the other receives half the equity. 
• Divorcing couples may agree to sell the house and split the value in half. 
• They may agree that the spouse not keeping the home should receive other assets equal to half the value of the house. 

If the divorcing spouses cannot agree on what to do, a judge may order them to sell the house or award it to one person. Now, it’s a bit easier to see why it might be better to sell a house during a divorce in Texas, right?

Financial Reasons for Selling a House in a Divorce

There are several financial reasons to consider for selling a house during a divorce in Texas. For instance, the divorcing couple may have debt and bills to cover. The value of the property may help them cover some of the marital debt. 

In doing so, they can improve the living standard for both parties and make them much more manageable moving forward. 

Alternatively, the couple may be able to sell the house and split the value. If there’s no debt to worry about, each party has a nest egg to build from as they move on. 

When you decide to sell a home during a divorce, it’s best for everyone to agree on how to split the sale value. Otherwise, it falls to a judge to decide how to split the value. 

How to Sell a House During a Divorce in Texas

Selling a marital home provides a clean slate and an opportunity for a fresh start. Below, we look at how to sell a house during a divorce. Hopefully, it makes the process a bit simpler for everyone involved. 

List With an Agent

Once you decide to sell the house, you have to decide when is the best time for the family. So, just consider whether to sell before, during, or after the conclusion of the divorce. There are advantages and disadvantages to each. 

When you have the right time, you can work with a real estate agent everyone trusts, make repairs to the home, get it staged and photographed, and list the property. It can be difficult for the couple to determine who prepares the house for listing, so it’s important to settle that or agree to a schedule. 

Ideally, you want the marital home to sell quickly, especially if the divorce is final. In Texas, the traditional real estate market can take anywhere from 30 days to a few months to a year to sell a house. Then, the closing period usually takes about 35 days. 

Sell to a Cash Home Buyer

Figuring out who pays for what and dealing with a real estate agent isn’t the smoothest process. In the middle of a divorce, it can be overwhelming. You have to decide on repairs and renovations, stage the house, and hire an agent both parties trust. 

Sometimes a divorcing couple doesn’t want to take the time to handle all that. In that case, working with a real estate investor or a “we buy houses” company might be much smoother. When you sell the house for cash, you don’t have to worry about repairs, staging, showings, or listings. Home buyers, like Third Coast, buy the home in as-is condition, so there’s no need to hire an agent, which means there are no fees or commissions to worry about. 

Working with a home buyer you trust makes it much easier to sell a house during a divorce in Texas. Once they visit the property, they make a cash offer, and all you have to do is decide whether to accept. 

Frequently Asked Questions

What if both spouses jointly inherited real property?

If both spouses receive separate property during the marriage, it is still separate property. In this case, they are co-owners, and each owns half of the property. 

What if real property was purchased during the marriage but only has one spouse’s name on the deed?

Any real estate bought during the marriage is community property, regardless of whose name is on the deed. The main point is that the couple acquired it during the marriage. 

However, there are exceptions to this rule. For example, if one spouse uses their separate property to buy new real estate, it becomes separate property. Still, it is their responsibility to prove that during the divorce. 

Do I give up my rights to the house if I move out during the divorce?

No, if you move out of the house during the divorce, you do not give up your rights to the property. However, it’s possible for a judge to take that into account as they divide marital property. 

Final Thoughts

When you want to sell a house during a divorce in Texas, it’s important to understand the process and the type of property. The more you know about your situation, the better you can avoid a problem. 

If you aren’t certain about the status of your property, you still have options. Whether you choose to refinance the property or rent it out, there are numerous ways to handle it. 

Luckily, you also have the simple option of selling the marital home, and you can work with a local home buyer to make the process much faster. For most divorcing couples, the goal is a quick and easy sale because they don’t want to worry about a shared asset. 

When you work with a buyer like Third Coast, you can skip the stress of staging a house and maintaining it until someone buys it. Often, this also means you skip expensive repairs and renovations. 

If you want to work with a local home buyer, it’s easy to start the process, and the turnaround is usually flexible, so you can work with them on a timeline.