Selling a House During Divorce in Texas

Yes, but both spouses typically must agree — or a court can order the sale. Texas is a community property state, so the home is usually considered jointly owned regardless of whose name is on the title.

If one spouse refuses, the other can petition the court to order a sale. A judge may appoint a receiver or order the property listed. Having a neutral listing agent already identified can speed this process.

Proceeds are divided as part of the overall property settlement. Texas courts aim for a 'just and right' division, which doesn't always mean 50/50. Factors include each spouse's earning capacity, custody arrangements, and other assets in the estate.

The mortgage must be paid off at closing from the sale proceeds. If one spouse wants to keep the home, they'll need to refinance into their name alone — and qualify on their own income.

In most cases, yes. Both parties (or their attorneys) must authorize the listing. A divorce-experienced agent structures this process to keep communication clear and neutral.

It depends. When Kathleen Magat and her team are involved before mediation, gathering house documents helps prevent evidence gaps at mediation and enables informed decision-making about real property and secured house debt. Coordinate with your attorney to align the sale timeline with your overall settlement strategy.

A court-ordered sale means a judge has mandated that the property be sold. The court may set terms including minimum price, timeline, and how proceeds are held. Working with a listing agent who specializes in divorce real estate, like Kathleen Magat, ensures compliance with all court directives.

Technically yes, but anything purchased during marriage may be considered community property. Most attorneys recommend waiting until the decree is signed to avoid complicating the settlement. Kathleen Magat can help you understand the timing implications for both selling and buying.

As an RCS-D™ REALTOR®, Kathleen Magat is professionally trained to neutralize divorce real estate as a business transaction in the best interest of the house — and each divorcing spouse. Leading your divorce real estate team, Kathleen also serves as project manager working with you and your lawyers, and can refer real estate and financial professionals specializing in divorce to assist with gathering house-related documents and scheduling consultations, most of which are free.

Timeline varies, but in the Austin market homes typically sell within 3-6 weeks when properly prepared and priced. The key is starting preparation early so the listing aligns with settlement timelines.