How do you sell a house during a Texas divorce? Who signs, and what the court can stop

Who has to sign, and what can stop a sale

Question	The Texas answer	The rule
Is the house community property?	Generally yes if it was bought during the marriage, unless it’s one spouse’s separate property	Family Code §3.002
Do both spouses sign?	For a homestead, yes, even if it’s one spouse’s separate property	Family Code §5.001
Can the court stop a sale?	Yes. A temporary restraining order or temporary orders can bar selling property without the court’s permission	Family Code §§6.501(a)(11), 6.502
Who ends up with the house?	The court divides the estate in a way it finds “just and right”	Family Code §7.001

Before signing anything with a buyer, ask your attorney whether an order in your case restricts a sale. If one does, the sale needs the other side’s agreement and the court’s OK, unless the order itself says otherwise.

The three usual ways it goes

1. Sell now and split the proceeds. Both spouses sign, the title company pays off the mortgage, and the decree or an agreement says how the rest divides.
2. One spouse keeps it. The decree awards the house to one spouse. If it’s a one- to four-unit home and the spouse who keeps it lives there or will move in, federal law bars the lender from calling the loan due just because of that transfer (12 U.S.C. §1701j-3(d)(7); 12 C.F.R. §191.5(b)), though refinancing the other spouse off the loan is a separate question for the lender.
3. Sell after the decree. The decree orders the house sold and says how the proceeds divide.

Whichever it is, the hard part is two people trusting one number. That’s what the sheet is for.

How we work with both sides

We send one written sheet to both spouses, or both attorneys, at the same time. Nobody gets a private number or a side conversation. The sheet shows our cash offer, what the house should list for and what you’d net, and a fix-then-list number, each with the mortgage payoff subtracted. If one spouse is living there until the decree, we set closing to match, and the cash path can close in about 10 days once both sign and title is clear. We don’t take sides or give legal advice; we work from the decree and from what your attorneys tell us.

Questions people ask

Can my spouse sell the house without me?

Not a homestead: Texas requires both spouses to join in selling it, even when it’s one spouse’s separate property (§5.001). A court order in the divorce can also bar either of you from selling property.

Should we sell before or after the divorce is final?

It depends on your case and your taxes, so ask your attorney and a CPA. Selling before the decree means both of you sign and agree on the split; selling after means following what the decree says.

What if we can’t agree on a price?

That’s common. Three written numbers from one source give both sides the same starting point, and your attorneys or the court can take it from there.

Can one of us stay in the house until closing?

Yes. Tell us the date that works, and we set the closing to it. If the court gave one spouse exclusive use of the house, that order controls who stays.

Do we need a lawyer?

Texas doesn’t require one, but with a house to divide, it helps to have one. If either of you needs one, the State Bar of Texas Lawyer Referral & Information Service can help. In Dallas and Tarrant counties, it points you to a local certified referral service.