Selling A House During Divorce In Texas Guide

Do you need to sell your house as part of your Texas divorce? As you go through the divorce process, you’ll need to make decisions on how to split your joint property, and that includes deciding on how to sell your shared house. Of course, we understand that listing property for sale during the best of times is stressful. After all, the seller of the house has to make sure the home can attract buyers who are willing to pay the full value of the property and wait for those offers, which might take months. Unfortunately, choosing to list your house for sale while you’re facing divorce comes with even more problems, like convincing an unwilling spouse to sell the family home. The good news is that the selling process can be simplified, especially when you choose to sell your house to a real estate investment business. When you choose this path, you’re removing all the middlemen from the transaction and keeping more of the profit from the sale. Let’s explore the process of selling your marital estate during a divorce to fulfill the terms of your divorce settlement.

How Does Selling Your House During a Divorce Work in Texas?

It is possible to list your community property for sale in Texas during a divorce. However, you’ll need to follow a few steps to ensure you’re adhering to all the stipulations required by your divorce papers so that you can become the legal seller of the property.

Step 1. Find a Local Divorce Attorney

Before you make yourself the seller of your family’s shared home, you should locate an experienced divorce attorney. Divorce lawyers understand the laws and legalities surrounding the divorce process, and they can explain those complexities to you so that you know what to expect during your court case. They can provide you with legal advice and represent your interests to make sure you get your fair share of the marital property. They can also help you decide when to sell your house and who should act as the seller.

Step 2: Determine Who Owns The Real Estate

After you find a divorce lawyer, he or she will recommend that you find out who owns your marital real estate. This is because the courts will determine precisely which spouses own what properties. After all, you can’t make yourself the seller of a house you don’t own, and some of the property may have been purchased before the marriage, which means it may not be part of the marital estate. Additionally, some properties may be jointly owned, and some properties purchased during the marriage may only be in one spouse’s name. To determine who’s listed on the deed or titles to the properties, you can check the database at the county clerk’s office. The deed record will allow you to discover who’s listed as the owner, the property dimensions, the mortgage history, and the purchase dates and price. Once you know this information, you’ll have an easier time figuring out the primary seller of your joint property and listing the property for sale.

Step 3: Decide How You Want to Sell The Property

As the seller of a house you acquired during your marriage, you have several options. You could list your house as for sale by the owner. You could auction the house. You could find a Realtor in your local city, or you could sell to a cash buyer.

Every method of selling a home comes with various benefits and drawbacks. Listing your house on your own with no help means that you don’t have to pay commissions to a real estate agent. However, you may still have to pay fees to the home-selling websites where you list the house for sale. It may also take longer to sell your property.

Houses that are put up for auction by the seller often sell faster than homes that are solely listed on the MLS. However, auction sites have their own associated fees. Real estate agents charge commissions and fees for listing and marketing your home to buyers. Not to mention, you’ll have to wait for the buyer to finish the mortgage paperwork and get approved by the lender.

Selling to a cash buyer often involves the fewest fees, making it the least costly and the fastest method. This is because they have the cash to buy your home immediately, and they understand the process of title searches and transfers, even if you’re in the middle of a divorce. They can even recommend professional and reputable title companies where the final paperwork can be completed. As an added bonus, Cash for Houses company like Company That Buys Houses will pay any associated fees for the transaction.

Step 4: Sell The House

If you’re like most home sellers who are going through a divorce, you want to sell your marital house quickly. After all, the sooner you sell the house, the sooner you can pay off any debts associated with the house and give your spouse his or her fair share. For most sellers, the fastest way to sell your house will involve choosing an investor who can pay the calculated value of your home in cash. The good news is that the process is incredibly simple, even if you’re going through a divorce, facing foreclosure, or encountering another hardship.

The first step is to contact us. We’ll ask for details about your marital property, like its location. Then, we’ll research your house and the houses listed for sale in your local area. This gives us enough information to calculate the amount we’d be willing to give you for your house. Then, all you have to do is review the offer and determine if you’d like to accept it. If you like our offer, we can choose a closing date that best works for your schedule, and we’ll set up a time to meet at a local title company to close the deal. In many instances, the entire process can be completed in about three weeks or 21 days.

Step 5: Divide the Proceeds from the Sale

Once you’ve completed everything you have to do as the seller, including paying off any debts linked to the house, it’s time to give your spouse his or her fair share so that you can finalize the divorce and go your separate ways.

Who Gets The House In a Divorce in Texas?

The Texas divorce laws don’t stipulate which spouse gets the house after the divorce. To resolve this issue, your best option is to communicate with your spouse about the house. If you cannot come to an agreement, the judge presiding over your case in divorce court will have to consider your circumstances and render a judgment. He or she may want to know how long you lived in the house if the house was purchased during the marriage, and whose names are on the deed. The court may also consider each spouse’s financial circumstances and who has custody of the children.

Should I Sell Before or After Divorce?

When deciding whether to sell your house before, during or after your divorce, it’s best to communicate with your spouse. Getting an agreement to place the home up for sale means that you and your spouse can be the sellers of the home before the final divorce paperwork is signed. Of course, this will primarily depend on if you and your spouse can locate affordable housing, such as an apartment or rental home. If you and your spouse can move out of the marital house and agree on a selling method, there’s no reason one or both of you couldn’t become the seller and cash out of the marital property. If you can’t decide who should be the seller or the price point, you may have to wait until a judge makes a ruling. It’s also important to note that the proceeds from the house may have to be put into escrow until the case has concluded.

Who Gets to Stay in the House During Divorce in Texas?

Determining who gets to stay in the house while you’re going through the process of divorcing depends on your personal circumstances. If you can live together amicably, both of you may be able to reside in the house until the divorce proceedings have concluded. However, if you don’t want to continue living together and can’t decide on who should stay, you’ll need to speak with the judge in charge of your divorce case.

Alternatives to Selling During Divorce in Texas

You may be surprised to find out that you don’t have to choose a seller and list your house for sale if you’re in the midst of a divorce. There are other options available that may work better for you and your ex-spouse.

Co-Own the Property

Rather than selling your marital house to a third party, you can choose to co-own it after your divorce is complete. Co-owning means that you and your spouse are both listed on the title or deed, and each of you owns a certain percentage of the house, whether or not you both live in the house. It also means that if you choose to sell the house at a later date, you’ll get a portion of the proceeds.

Buy Out the Other Spouse

If you want to stay in the family home, you have the option of buying out your spouse. This option works well if you can’t afford to purchase a separate house. Spouses with children typically love this option because it means that they don’t have to change schools after their parents finalize their divorce. When you buy out your spouse, you must give them the money for their share of the property. For example, if your home is worth $600,000, and your spouse gets 50 percent, you’ll need to take out a loan in the amount of $300,000 or possibly refinance the house to give your spouse their fair share.

Divide the Marital Assets

If you and your spouse own a lot of high-value assets, you can choose to divide those assets in such a way that one spouse gets the home in its entirety once the divorce is over. Spouses that own boats, multiple cars, investment properties and vacation homes have an easier time dividing the assets so that one spouse owns the home outright.

Divorce House Sale In Texas Frequently Asked Questions

Going through a divorce in Texas is difficult, especially if you have to sell your marital property. Thankfully, we buy houses for cash, and we can help you sell your jointly-owned home quickly.

Can I sell the house before the divorce is final?

It is possible to sell your jointly-owned home before the finalization of your divorce. To do this, you’ll need to determine which of you will act as the primary seller. This spouse will list the home for sale, choose a real estate agent, or find a cash-for-home buyer. It’s important to note that you must both agree to sell the home before finding a buyer for this process to work smoothly. If your spouse disagrees, you will need to state your case to a judge.

Is Texas a 50-50 divorce state?

Texas judges often start with a 50/50 split. However, Texas law states it’s a communal property state rather than a 50/50 state. This means that you could get more or less than 50 percent, depending on your specific circumstances.

How does capital gains tax work in a divorce?

You might have to pay capital gains tax, but it’s not guaranteed. When you sell a home, only the profit on the home is subject to capital gains tax, and it’s only subject to capital gains tax if it’s above a certain threshold, usually $250,000 or $500,000. Additionally, capital gains may not be required if the home is sold as part of the divorce. For specific information related to the sale of your home after your divorce, you’ll want to talk to a tax attorney or accountant, who can better assist you in determining if the profit is taxable.

Can I force my ex to sell the house after the divorce?

If your ex-spouse is determined not to sell the house, you cannot force the sale yourself. Instead, you’ll have to gather your reasons for wanting to be the home seller and speak with your divorce attorney.

How do I sell my house if one partner refuses?

If you are determined to be the seller of your marital real estate, you’ll have to go back to court and give the judge your reasons for needing to sell the home. If the judge agrees with your reasons, he may decree that you can be the seller of the home so that you can find a buyer for the property.

Easiest Way To Sell A House During A Divorce In Texas

Listing your house for sale while you’re going through a divorce doesn’t have to be complicated, take a long time or involve insulting offers that don’t take into consideration the hard work you’ve put into your home to increase its value. This is because you, as the seller, can choose to sell your home to a cash buyer. When you choose an investment company as your buyer, you can rest easy knowing that you won’t have to negotiate in order to get a fair price, and you won’t have to deal with additional headaches. That’s because we don’t require you to perform any maintenance or upgrades to the home. You don’t even have to take the trash out if you don’t feel like it. At our cash-for-houses company, we’ll handle all of the details, and we’ll pay any fees at the title company.

At Company That Buys Houses, we buy homes for cash all over Texas, including in Austin, El Paso, Houston, Gainesville, Dallas, Tyler, and more.

If you’re ready to sell your home fast while you’re going through a costly divorce, contact us today at (817) 623-5054. We’re ready to buy your house in cash, regardless of your personal situation.

More Resources For Sellers In Texas