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Selling a house during a divorce in Texas.
In Texas, a shared home is often the largest piece of the community estate. Knowing the rules that kick in once a divorce is filed can help you plan calmly.
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Divorce · Texas
How it works in Texas.
Texas is a community property state. Property either spouse acquired during the marriage is presumed to belong to the community unless it is shown to be separate property, such as a home owned before the marriage or received as a gift or inheritance. In a divorce, the judge divides the community estate in a way the court considers just and right, which does not automatically mean an even split. Whether the house is sold, kept by one spouse or divided another way is part of that decision or the spouses' agreement.
Texas divorces are filed with the district clerk and heard in district court in a county where either spouse has lived for the last 90 days, with at least one spouse living in Texas for the last six months. Once a case is filed, many counties have standing orders, and courts can issue restraining orders, that limit selling or borrowing against property without agreement or court approval. Before listing a home, check with your attorney about any orders in your case.
Texas specifics
What to know in Texas.
Community property state
Texas treats property acquired during the marriage as community property unless a spouse proves it is separate property by clear and convincing evidence. A house bought during the marriage is usually community property, even if only one spouse's name is on the deed.
Just and right division
Under Section 7.001 of the Texas Family Code, the court divides the community estate in a manner it considers just and right. That can be unequal depending on the circumstances. Spouses can also agree on how to handle the house, including selling it and dividing the proceeds.
County standing orders
Many Texas counties have standing orders that apply automatically once a divorce is filed, but only if they are posted on the state's local rules website. Counties such as Dallas, Travis, Bexar and Collin post them, while others do not. Ask the district clerk or your attorney whether one applies in your county.
Restraining orders on property
Section 6.501 of the Texas Family Code lets a court issue a temporary restraining order that stops either spouse from selling, transferring, mortgaging or otherwise disposing of separate or community property. If such an order is in place, a sale may need the other spouse's agreement or court approval.
Waiting period before a final decree
Under current law, a Texas court cannot grant a divorce before the 60th day after the petition is filed. Some couples sell the house while the case is pending and others wait for the final decree, so the timing is worth discussing with your attorney.
This is general information, not legal or tax advice. Rules can change and every situation is different, so confirm the details for your case with a Texas attorney or the appropriate office.
Your options
There is more than one path.
One spouse keeps the home
One person may buy out the other's share, often by refinancing the mortgage into their own name. This can offer stability, especially for children. It works only if that person can qualify for the loan and afford the ongoing costs alone.
List with a real estate agent
Selling on the open market can help you both see the home's value and split the proceeds clearly. It requires cooperation on pricing, repairs and showings. Some couples choose a neutral agent together to keep things fair.
Explore offers from investors and professionals
When coordinating showings and repairs feels hard, some couples prefer a simpler sale. Through Doorbloom, you can share details about the home and hear from independent professionals who may buy it as-is. Compare any offer with what a listing might bring, and make sure both owners agree.
How it works
Three clear steps.
- 1
Tell us about your home
Share the address, condition and your timeline. It takes about a minute, and we only ask what is needed for the next step.
- 2
Review who is interested
Real estate investors and professionals review your home. You see who they are before anyone gets your contact details.
- 3
Choose your next step
Talk to the people you want, compare your options, or decide not to sell. There is no pressure and no obligation.
Questions
Questions from Texas homeowners.
Is Texas a community property state for divorce?
Yes. Property acquired by either spouse during the marriage is presumed to be community property unless proven separate. The court then divides the community estate in a way it considers just and right, which is not always a 50/50 split.
Can I sell the house while my Texas divorce is pending?
Possibly, but check for any county standing order or temporary restraining order first, since these often bar selling or encumbering property without agreement or court approval. Many couples sell by agreement during the case. Your attorney can confirm what your orders allow.
Which court handles divorce in Texas?
Divorces are filed with the district clerk and heard in district court in a Texas county where either spouse has lived for the last 90 days. At least one spouse must also have lived in Texas for the last six months.
Do both spouses have to sign to sell a Texas home during divorce?
Usually both spouses need to cooperate, especially when the home is community property or the family homestead, or when a court order restricts transfers. If you cannot agree, the court can decide how the house is handled. An attorney can explain what your situation requires.
Is Doorbloom buying my house?
No. Doorbloom is a platform that connects Texas homeowners with real estate investors and professionals. Any offer comes from them, and nothing is binding until you sign a purchase agreement.
What does it cost?
Creating an account and telling us about your home is free for homeowners.
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