Your Essential Guide to Selling Your House During Divorce in TX
Going through a divorce has been ranked right up there with the death of a loved one, a major traumatic event, and running a marathon. And when you add the complexity of selling a house during divorce in Texas, the process can feel like climbing a mountain. It should come as no surprise that emotions can run high during this difficult time, so the last thing you need is added stress about your family home. That was our goal when we created this guide to help you handle the tricky spots that come with divorce, selling, and property division in Texas.
As experienced and local Texas cash home buyers, we’ve helped a lot of couples through this type of situation. We understand that divorce proceedings can be tricky enough without worrying about real estate agent commissions, lengthy market timelines, and the stress of strangers walking through your home during an already sensitive time. The point of these details is to provide you with clear, useful information that will help you make the best decision for your financial future.
Can You Sell a House Before the Divorce is Final in Texas?
The most common question divorcing couples ask is if they can sell the house before their divorce is final. Yes, but there are a few legal factors to keep in mind. In Texas, both spouses typically need to agree to the sale. The other factor – you may need court approval to sell the house in a divorce situation.
Navigating Texas “Standing Orders” and Asset Freezes
This is where things can get a bit confusing. So when you file for divorce in Texas, automatically, “standing orders” go into effect. Think of “standing orders” as temporary restraining orders. They prevent spouses from disposing of marital assets without the other spouse’s written consent or court approval. However, selling the family home with both spouses’ agreement is typically allowed. Especially if the sale proceeds will be held with an escrow company until the divorce is officially finalized.
The important thing is to make sure both parties are on the same page and that all the legal agreements show that. This is also why working with a company that understands the divorce process is really important. Over the years, we’ve worked with several family law attorney professionals to make sure our transactions follow all Texas requirements.
Why Selling Before the Decree Can Save You Money
Truth be told, selling before your divorce is finalized can actually save you money in several ways. First off, you’ll be able to avoid ongoing expenses like mortgage payments, property taxes, insurance, and maintenance costs that continue to build up while the house sits on the real estate market. Secondly, oftentimes you qualify for the full capital gains tax exclusion when filing a joint tax return, which is $500,000. However, once the divorce is finalized, this tax break may not be available, or at least not for that amount.
Because we buy houses in Garland and throughout the Dallas-Fort Worth area, we’ve seen firsthand how quickly these carrying costs can add up. Fortunately, by selling to use, you can close in as little as 7-14 days, getting rid of months of additional expenses and closing costs that come with traditional sales.
Who Owns the House? Texas Community Property Basics
Something you may not be aware of is that Texas is one of only nine community property states in the United States. This means that property acquired during the marriage is generally considered to belong to both spouses equally. This is different from equitable distribution states that divides assets based on all kinds of factors. Instead, Texas follows a more straightforward approach to asset division.
Community Property vs. Separate Property (The “Inception of Title” Rule)
The timing of when you purchased the house in Texas determines if it’s considered community property or separate property. If you bought the home after the marriage, it’s considered community property, no matter whose name is on the deed. But if one spouse owned the house before the marriage using separate funds, it might be considered separate property.
A legal term you may come across is “inception of title.” This rule determines if the property is community or separate based on when and how a spouse first came into possession. So even if you refinanced or added your spouse’s name to the deed after marriage, the house may still be considered separate property. But if any mortgage payments were made with community funds during the marriage, that could create a community property interest in the home.
These factors can really make a difference in how the sale proceeds will be divided, too. Any assets acquired before marriage are usually not subject to equal division, but marital assets are usually split 50/50 in Texas, including other marital assets like retirement accounts and personal property.
Does the “Custodial Parent” Have the Right to Stay?
Many people assume that the custodial parent automatically has the right to remain in the family home, but this isn’t necessarily true under Texas law. While courts do consider the best interests of children when making property division decisions, having primary custody doesn’t guarantee you’ll get to keep the house, especially if only one spouse has the financial capacity to maintain it.
It’s commonly assumed that the custodial parent has the right to remain in the family home; however, that is not entirely true under Texas law. Having primary custody, or if you’re the spouse who’s financially capable, doesn’t mean you’ll automatically get to keep the house. The court takes into consideration the best interests of the kids and other factors, including each party’s income, the children’s need for stability, and the overall division of marital property when making a property division decision.
In most cases, selling the home and splitting the profits helps both parties to move forward with a fresh start and enough funds to start fresh in new homes for their children.
The 3 Main Ways to Handle the House in a Texas Divorce
Texas couples usually have three main options to choose from when it comes to what to do with the family home during divorce proceedings. Each option has its own benefits and possible drawbacks that all depend on personal circumstances and whether you can reach a mutual agreement.
Option 1: The “Clean Break” (Selling for Cash to Split Equity)
The clean break option means selling the marital property and dividing the proceeds following the divorce agreement. This approach gives both of you instant access to your share of the home’s equity and stops ongoing joint financial burdens that might come up if the spouse keeping the property can’t handle all the expenses on their own.
When you sell your house fast in Dallas through a cash sale, you’re able to avoid many of the issues that can come along with traditional listings. You’ll be able to skip things like coordinating showings between hostile ex-spouses, arguments over repairs or staging, and the risk of the sale falling through due to buyer financing issues. The cash sale process is straightforward, private, and fast.
The “clean break” option works really well when both parties want to start fresh, when only one person has the income to qualify for the mortgage alone, or when continuing to jointly own property would create ongoing problems.
Option 2: The Buyout (Using an “Owelty Lien” to Refinance)
Option two involves buying out the other spouse. By using an owelty lien, one spouse is able to buy the other spouse’s interest in the home by refinancing the loan. The buying spouse will need to take out a new mortgage for both their original share and the amount owed by the other spouse. This can be a good option if one person wants to keep the family home and can afford to.
However, buyouts can be tricky and aren’t always achievable. The buying spouse will need to be able to qualify for the new mortgage with their individual income, which can be tough after losing a second household income. Also, figuring out a fair market value for the buyout can cause some falling out, especially in a changing real estate market, which can cause a property dispute that just delays things.
Option 3: Deferred Sale (The Risk of Co-Owning with an Ex)
Option three involves a temporarily delayed sale. Couples may choose this option to allow their children to finish school in the same district or wait for better market conditions. It might seem like a good compromise, but a deferred sale can lead to ongoing issues.
First off, you’ll remain financially tied to your ex-spouse through the mortgage, property taxes, insurance, and maintenance responsibilities. Market conditions are like the weather, always changing and sometimes not in a good way, which can impact your sale proceeds. Most importantly, any arguing about the property can cause conflicts, which isn’t helpful when you’re trying to move forward with separate lives.
Step-by-Step: How to Sell to Four 19 Properties During Divorce
When we started Four 19 Properties, we wanted to simplify our process to address the unique challenges that divorcing couples face. Our biggest goals are to reduce conflict, protect both parties’ interests, and provide a smooth transaction so you don’t have to deal with attracting prospective buyers, days on market, or keeping the house spotless.
1. Get a Private Valuation (No “For Sale” Sign Needed)
When selling a house traditionally, there is no hiding that your house is on the market; everybody knows your house is for sale. Once that for sale sign is in your yard, your whole neighborhood knows you’re selling your house because you’re going through a divorce. Instead, you can get a private valuation with us that is completely confidential. We’ll check out your property’s value based on recent comparable sales, current market conditions, and the property’s condition, all without putting a sign in your yard or listing it for potential buyers to see.
We consider factors that an agent’s advice might miss, such as needed repairs, holding costs during a traditional sale, and commission savings. Our goal is to provide you with a fair, competitive offer that reflects the true net value you’d receive after a traditional sale.
2. We Submit the Offer to Both Spouses and Attorneys
Transparency is major during divorce proceedings. We go over our offer at the same time to both spouses and their respective attorneys, ensuring everyone has the same information. This approach prevents misunderstandings and demonstrates our commitment to fair dealing, helping to avoid the situation where only one spouse receives information.
Our offers also give ample time to both parties to review with their legal counsel. We’re happy to answer any questions from family law attorney representatives and provide additional legal documents as needed for court approval.
3. Title Work & The “Divorce Decree” Review
After you accept our offer, we will get started with ordering title work to spot any liens, judgments, or other obstacles that need to be resolved. We work with title companies that are experienced with divorce-related sales and are familiar with the specific requirements for these transactions. Including how to handle other assets that may be tied to the property.
Even if your divorce isn’t finalized yet, we’ll work with your attorneys to make sure that the sale follows with any temporary orders or standing orders. And we can even work with pending divorce decrees to make sure the sale terms line up with your settlement agreement.
4. The Title Company Splits the Proceeds (Two Separate Checks)
At closing, the title company will issue separate checks according to your divorce agreement or court order. This eliminates any confusion about fund distribution and ensures each party receives their designated share directly. We never get involved in determining how proceeds should be split – that’s between you, your ex-spouse, and your respective attorneys.
At the closing table, the title company will issue separate checks following your divorce agreement or court order. This helps remove any confusion about who gets what and makes sure that each party gets their portion.
Even the paperwork to sell a house for cash during a divorce includes specific language protecting both parties and making sure to follow Texas family law requirements. This prevents future disputes about which spouse pays what portion of any remaining obligations.
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The “Hostile Spouse”: What If They Refuse to Sell?
It shouldn’t come as a surprise that not all divorcing spouses agree on the best way to handle the marital home. When one party refuses to help with the sale, the situation becomes more tangled, but thankfully, options are still on the table to resolve the standstill.
Can a Judge Force the Sale of the Homestead in Texas?
Texas courts have the authority to order a forced sale of the family home when spouses cannot reach an agreement. This is called a “partition and sale” order. While judges generally prefer that couples work out property division agreements themselves, they will intervene when necessary to ensure equitable distribution of marital assets.
However, forced sales can be time-consuming and expensive, often resulting in lower net proceeds for both parties. Court-ordered sales may also require public auctions, which typically yield less than fair market value and don’t provide the privacy that many divorcing couples prefer.
Using a Written Cash Offer as Evidence of Fair Market Value
A written cash offer from our company can serve as valuable evidence of your home’s fair market value in court proceedings. Unlike automated online estimates or drive-by appraisals, our offers are based on thorough property evaluations and current local market conditions, providing reliable documentation for legal proceedings.
This documentation can help your divorce attorney demonstrate to the court that a cash sale represents a fair resolution. It also shows the refusing spouse exactly what they’re giving up by blocking the sale, which sometimes motivates cooperation and helps avoid prolonged legal battles.
The Hidden Costs of Listing a Divorce Home on the MLS
Many divorcing couples initially consider listing their home with a traditional real estate agent, but this approach often creates additional stress and unexpected costs during an already difficult time. The process of selling a home for the market can become particularly contentious during a divorce.
The “Privacy” Problem: Do You Want Neighbors Knowing Your Business?
When you list your home on the MLS during divorce proceedings, you’re essentially announcing your personal situation to the entire neighborhood. Curious neighbors, friends, and acquaintances will see the listing and may ask uncomfortable questions or make assumptions about your circumstances.
When you list your home on the MLS during the divorce process, you’re broadcasting your personal situation to your entire neighborhood. Nosy neighbors, friends, and family will see the listing and may ask awkward questions or gossip about your situation.
Losing your privacy is really tough when children are involved. Kids may get questions at school about why their house is for sale, which just adds more stress to an already tough situation. Fortunately, our confidential approach protects your family’s privacy throughout the entire process.
Arguments Over Repairs: Who Pays to Get the House Ready?
Traditional home sales often require repairs, updates, or staging to achieve the best listing price. During a divorce, these decisions can become sources of significant conflict. Who pays for the new carpet? What about the leaky roof or outdated kitchen? Should you invest in professional staging?
To get the best listing price when selling the traditional way often requires repairs, updates, and staging. But can you imagine trying to make these decisions while going through a divorce? Who pays for the new carpet? What about the leaky roof or outdated flooring? Should you hire a professional stager? Who’s going to let the workers inside?
These decisions can quickly turn a 180, especially when money is tight and emotions are running high. But with a cash sale, we buy the house in its current condition, getting rid of these potential spats and removing the stress of coordinating improvements.
Scheduling Showings When Tensions Are High
It can be incredibly challenging to coordinate showings between two people who might not be on speaking terms. During showings, typically, both spouses shouldn’t be there, which can be tricky to coordinate or impossible in high-conflict situations.
Another stressor is keeping the house “show-ready” for months, all while dealing with divorce proceedings. Again, this is when our approach can be a big help because you won’t need to show your house to prospective buyers or worry about keeping it clean all the time.
Tax Implications: Protecting Your Money
The best way to save thousands of dollars in taxes when selling your home during a divorce is to make educated decisions about timing and approach. These choices are a big deal to help you protect your financial future.
Capital Gains Tax and the $500,000 Exclusion (Section 121)
We touched on this earlier a bit, but being able to use the Section 121 exclusion would be helpful for your situation. This exclusion allows married couples to exclude up to $500,000 in capital gains from the sale of their primary residence, of course, if they meet certain requirements. To qualify for this, you must have owned and lived in the home for at least two of the five years before the sale.
Timing is really important for divorcing couples because if you sell while still married and file a joint tax return, you may qualify for the full $500,000 exclusion. But if you were to wait until after the divorce, each former spouse may only qualify for a $250,000 exclusion on their portion of the gain.
Is the Transfer of Property Between Spouses Taxable?
Another great question is whether the transfer of property between spouses is taxable. Well, under Section 1041 of the Internal Revenue Code, it says property transfers between spouses during marriage or within one year of divorce are generally not taxable events. To break that information down, it means that if one spouse transfers their interest in the home to the other as part of the divorce settlement, there usually are no immediate tax consequences.
But something to keep in mind is that the receiving spouse takes on the tax basis of the transferring spouse, which could lead to higher capital gains taxes when the home is sold later on. It’s always recommended to work with a financial advisor in these situations to help you understand how the rules apply to you and how you can plan for them.
Why Texas Divorcing Couples Choose a Direct Cash Sale
After years of helping multiple divorcing couples through the home sale process, we’ve learned about what matters most during this tough time. This is why our approach targets the specific challenges that make traditional sales more challenging during divorce situations.
Dealing with a divorce mortgage assumption can be pretty tough when also trying to sell with a realtor, especially when dealing with lenders who aren’t helpful or loan terms that are complicated. Fortunately, we handle all of these things for you, including working with existing mortgage holders to make sure you have a smooth payoff process.
Speed is a big deal for divorcing couples. Maybe you need to get your hands on equity quickly, reduce ongoing expenses, or just want to close this chapter of your life. Our ability to close within 7-14 days becomes a real game-changer.
Also, as you’ve learned, privacy and discretion are also a big deal. Moving forward with us is entirely confidential and will protect your family’s privacy during an already vulnerable time. No signs, no public listings, no parade of strangers through your home, and no nosy neighbor questions.
How we buy houses at Four 19 Properties involves a simple, transparent process designed to keep stress and conflict low. We will handle all the paperwork, coordinate with attorneys and title companies, and ensure both parties are treated fairly throughout the transaction.
Frequently Asked Questions
Is Texas a 50/50 community property state?
Texas does follow community property laws. Which means that assets acquired during the marriage are owned equally by both spouses. But the court can divide property depending on factors like earning capacity and the needs of the children.
Who pays the mortgage while the divorce is pending?
When the divorce is pending, mortgage payment responsibility will depend on who’s living in the home, court orders, and any agreements between spouses. Usually, whoever remains in the home is expected to make mortgage payments, but this should be clearly stated.
What is an “Owelty of Partition” in Texas?
Owelties of partition are commonly used in divorces when there is a sizeable amount of equity in a jointly owned property, such as a house. The buying spouse keeping the property is ordered to pay a cash sum to the other spouse to compensate them for the other party’s lost interest in the property.
Can I sell the house if my name isn’t on the deed?
Yes and no. If only one name is on the deed, but purchased during the marriage, community property rights would likely apply. But the spouse whose name is on the deed will need to sign the closing documents. If you’re unsure, getting legal counsel can help you figure out your rights and options.
Additional Resources To Sell Your House During A Divorce in TX
Navigating divorce while selling your home requires support from qualified professionals. We recommend working with a family law attorney who specializes in Texas divorce cases and understands property division complexities. A financial advisor can help you understand tax implications and plan for your post-divorce financial future.
About our team at Four 19 Properties – we’ve specifically trained our staff to work sensitively with divorcing couples. Our team understands the emotional and legal complexities involved and works to make the process as smooth as possible for everyone involved.
For immediate assistance with property-related questions during your divorce, our experienced team is available to provide guidance and answer questions about the selling process, market conditions, and how our services can benefit your specific situation.
Conclusion
As you’ve learned, selling a house during a divorce in Texas isn’t for the faint of heart, but with the right buyer, it’s actually not too bad. If you’re interested in working with us, we’re ready to figure out the right solution for you. To get started, just request a cash offer, and our team will reach out to chat more about your situation. We’d be more than happy to share more about how our home buying process works and about our company if you have further questions. At the end of the day, just don’t let all the details of your divorce and selling your house overwhelm you. We’re here to help in any way we can. Feel free to reach out any time.
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Don’t wait anymore. Fill out the form below and join the growing number of homeowners who have sold their house while in a divorce with us in the most simple and stress-free way.
Our team at Four 19 Properties buys houses for cash in Texas—even during a divorce. Whether one or both spouses are on the mortgage or title, a sale is still possible. We can buy the house sold as-is, we take care of the mortgage at closing, and the proceeds are split according to the divorce agreement. There are no listings, repairs, or endless showings. For homeowners who need a fast, clean sale and a hassle-free next step, Four 19 Properties is ready to make a cash offer today. Call now to learn more. (817) 754-1957