How Do You Sell a House During a Divorce in Houston, Texas?

You can sell a house during a divorce in Houston as long as both spouses agree in writing or a judge approves the sale. Start by finding out which court orders already apply to your case. Then agree on the price, the repair budget, who pays the mortgage in the meantime, and where the money goes at closing. Do that before the house is listed, and a divorce sale moves about as fast as any other sale.

The Move Live Love TX Team™ is a husband-and-wife real estate team serving Houston and the surrounding areas, helping people sell a home during a divorce, a process they have both been through themselves.

One thing before the steps. We’re real estate agents and nothing here is legal advice. Where it says “ask your attorney,” we mean it.

The seven steps, from filing to closing

1. Find out what court orders cover the house. Many Texas counties attach an order to every divorce the day it’s filed.
2. Get the agreement to sell in writing. Through your attorneys, so it holds up.
3. Decide who pays the mortgage, taxes and upkeep while it’s listed. And who lives there.
4. Hire one agent you both accept. One listing, one set of facts, two clients.
5. Agree on the list price, the repair budget and how you’ll decide on offers. Before the first showing.
6. List it, show it, negotiate. With both of you signing each step.
7. Close. The title company pays off the loan and sends the proceeds where your agreement or the court says.

Each of those has a way of going sideways. Here is what to know about the ones that do.

Start with the court orders

This is the step people skip. In many Texas counties, filing for divorce puts a standing order in place automatically, and it usually bars either spouse from selling or borrowing against the house without the other’s agreement or the court’s approval. Where there’s no standing order, either spouse can ask for a restraining order that does the same thing.

You can still sell. The sale has to be agreed to or approved, on paper. We explain how these orders work in can you sell the house once you file for divorce in Texas. Your attorney can tell you in one phone call which rule applies in your county.

Do you both have to agree?

In most cases, yes.

Texas is a community property state. Under the Family Code, property either spouse acquires during the marriage is community property, and anything either of you holds when the marriage ends is presumed to be community property unless someone proves otherwise.

The house gets extra protection on top of that. Section 5.001 of the Texas Family Code says neither spouse may sell the homestead without the other joining in, and that applies even when the home is one spouse’s separate property. So a title company will want both signatures at closing, whatever the deed says. More on that in do both spouses have to sign to sell a house in Texas.

If one of you won’t agree, the decision moves to the judge, who can order the house sold and the proceeds divided. That path costs more and takes longer. It’s covered in what happens if one spouse refuses to sell.

Can you sell before the divorce is final?

Yes, if you both agree or the court approves it.

Texas makes most couples wait at least 60 days from the day the petition is filed before a judge can grant the divorce. A house can go under contract and close inside that window if you both agree, or it can be sold after the decree under the terms the decree sets.

Selling first means the decree divides a number in a bank account. That’s easier to split than a house, and it ends the shared mortgage sooner. Selling after can make sense when one of you needs the time, or when the decree has to settle who is owed what before any money moves. We compare the two in should you sell before or after the divorce.

If the house sells before you’ve agreed on the split, the proceeds can be held in escrow until you have. Nobody has to win the argument by closing day. See how sale proceeds are held in escrow in a Texas divorce.

Selling isn’t the only choice

A Texas court divides a couple’s property in a way it finds “just and right.” That is not always 50/50, and it leaves room for more than one outcome on the house.

One spouse can keep it and buy the other out, which usually means refinancing the loan into one name. Or you can agree to keep owning it together for a set time and sell later, often until the school year ends or the youngest child graduates. That second arrangement needs careful paperwork, and how a deferred sale agreement works walks through it.

I’ll say what I think. If neither of you can qualify for the loan alone, sell. A buyout that depends on a refinance that never happens leaves two people tied to one mortgage for years. We compare the two in should you sell or buy out your spouse.

Settle these before the sign goes up

What stalls a divorce sale is two people who are no longer speaking having to make a decision by Friday. The market is rarely the problem.

So make the decisions early, and put them in writing:

• The list price, and what would trigger a price change.
• How much you’ll spend on repairs and who fronts the money.
• Who pays the mortgage, taxes, insurance and utilities until closing.
• Who lives in the house, and how showings get scheduled.
• How you’ll decide on an offer if you disagree.

That last one matters most. Some couples agree up front that any offer above a set number gets accepted. Others name a tiebreaker. Either works. Having no plan is what costs you the buyer.

Both of you stay on the hook to the lender until the loan is paid off, whoever is living there. One missed payment hits both credit reports. If money is tight, read who pays the mortgage while the house is listed before you list.

What to ask of your agent

Here is what I’d insist on if this were my house.

Every update goes to both of you, at the same time, in writing. No side conversations. An agent who gives one spouse information the other doesn’t have has stopped being neutral, and the sale will pay for it.

The word “divorce” stays out of the listing, the photos and every conversation with a buyer’s agent. A buyer who learns the sellers are splitting up may assume you’re in a hurry and offer less.

And you shouldn’t have to sit in a room together to close. Title companies can schedule separate signings, which we explain in how separate signings work at a divorce closing.

If you have children at home, the timing questions change. Selling during a divorce when you have kids covers what’s different.

The tax question to ask before you close

Many sellers owe nothing on the gain. As of September 2026, the IRS says you can exclude up to $250,000 of gain on the sale of your main home, or $500,000 if you file a joint return, as long as you owned the home and lived in it for at least two of the five years before the sale.

Divorce complicates both halves of that. Your filing status depends on whether you’re still married on the last day of the year, and a spouse who moved out long ago may have trouble with the two-year test. Ask a CPA before you pick a closing date. We go deeper in capital gains tax when you sell a house during a divorce.

If you’re right at the start, our Houston divorce real estate guide is the place to begin. And the Divorce and the House guide is free, and yours to keep.

Frequently Asked Questions

Can you sell a house during a divorce in Texas?

Yes. You can sell a house during a Texas divorce when both spouses agree in writing or the court approves the sale. Check first whether a standing order or restraining order applies to your case, because either one can block a sale that hasn't been agreed to or approved.

Do both spouses have to agree to sell the house in Texas?

In most cases, yes. Texas Family Code Section 5.001 says neither spouse may sell the homestead without the other joining in, even when only one name is on the title. Without agreement, a judge can order the house sold as part of the divorce.

Can you sell the house before the divorce is final in Texas?

Yes, if both spouses agree or the court signs off. Texas requires at least 60 days between filing and a final decree in most cases, and many couples sell during that window. The proceeds are then divided by agreement or held until the decree says who gets what.

Who pays the mortgage while the house is for sale during a divorce?

Both spouses stay responsible to the lender for a loan they both signed, no matter who lives in the house. Who writes the check each month is set by your agreement or by temporary orders from the court, so get it in writing before you list.

How long does it take to sell a house during a divorce in Houston?

A divorce sale in Houston takes about as long as any other sale once both spouses agree on price and terms. The delays come from disagreement over the list price, repairs or which offer to accept, so settle those before the house goes on the market.

Do you pay capital gains tax when you sell a house in a divorce?

Often not. The IRS lets a seller exclude up to $250,000 of gain on a main home, or $500,000 on a joint return, if the ownership and use tests are met. Your filing status in the year of the sale matters, so ask a CPA before you close.