Is Texas a community property state for divorce?

Yes. Texas is one of nine community property states. Any home purchased during the marriage is presumed to be owned 50/50 by both spouses, regardless of whose name is on the deed or who made mortgage payments. At divorce, the court divides this community property equitably.

Who gets the house in a Texas divorce?

Texas courts have several options: one spouse keeps the house and buys out the other's equity, the home is sold and proceeds split, or one spouse is awarded the house temporarily (e.g., for children's stability) with a later sale. Texas is a community property state, but judges can divide property unequally if there is fault or significant disparity.

Can you force the sale of a house in a Texas divorce?

Texas courts cannot force the sale of a homestead during a pending divorce, but once the divorce is finalized, a judge can order the home sold and proceeds divided. If one spouse refuses to sign, the court can appoint a receiver or use a court officer to complete the sale.

How fast can I sell my home during a Texas divorce?

If both spouses agree to sell, a cash sale can close in 7-14 days. SellHomeDivorce.com specializes in fast cash purchases of Houston-area homes during divorce proceedings. We can make an offer in 24 hours and close on your schedule.

Texas Community Property & Divorce: What Happens to Your Home

Last updated: May 2026 — Information current as of this date

Texas law gives both spouses equal rights to the marital home. Understanding your options can protect your equity and help you move forward faster.

Free Consultation: (281) 905-2414

Texas Community Property Law -- The Basics

Texas is one of nine community property states in the US. This means any asset -- including your home -- acquired during the marriage is presumed to be owned equally by both spouses, regardless of:

Whose name is on the deed
Who made the mortgage payments
Who managed the finances
Who "found" the property

Important Exception: Separate property (homes inherited or owned before marriage) is NOT community property. But if marital funds were used to pay the mortgage, your spouse may have a community property claim on a portion of the equity.

Your 3 Options When Divorcing in Texas

One Spouse Buys Out the Other

The spouse who keeps the house refinances into their name alone and pays the other spouse their share of the equity. Requires qualifying for the mortgage individually and agreeing on a home value (typically via appraisal).

Sell the Home & Split Proceeds

Both spouses agree to sell, proceeds pay off the mortgage, and remaining equity is divided per the divorce decree. A cash sale can close in 7-14 days -- much faster than listing on the MLS.

Deferred Sale (for children)

Courts sometimes allow one spouse to stay in the home until children graduate high school, then the home is sold. This requires a detailed court order specifying who pays mortgage, taxes, and maintenance.

How to Sell Fast During a Texas Divorce

If both spouses agree to sell, a cash home sale is almost always the fastest and simplest path. Here's why Houston couples choose SellHomeDivorce.com:

Cash offer in 24 hours -- no waiting for buyer financing
Close in 7-14 days -- or on your attorney's timeline
No repairs required -- we buy homes as-is
No realtor commissions -- save 5-6% in fees
One transaction, clean break -- proceeds split per your divorce decree

Texas Divorce Home FAQ

Is Texas a community property state?

Yes. Texas is a community property state, meaning marital property -- including your home -- is presumed owned 50/50 by both spouses. However, Texas courts can divide property unequally in cases of adultery, cruelty, or significant economic disparity.

Can a Texas court force the sale of my house in a divorce?

During the divorce proceedings, Texas courts generally cannot force the sale of a homestead. However, once the divorce is finalized, a judge can order the home sold. If one spouse refuses to cooperate, the court can appoint a receiver to handle the sale.

What if my spouse won't agree to sell the house?

If one spouse refuses to sell and there's no mutual agreement, the matter goes to trial. The judge can then order a sale. We recommend speaking with a Texas family law attorney, and we can often help facilitate a faster resolution by making a cash offer both parties can agree to.

How long does a divorce home sale take in Texas?

A traditional MLS sale takes 60-90 days in Houston. A cash sale through SellHomeDivorce.com can close in as few as 7 days. We can work with your attorney and the court's timeline -- flexible closing dates are our norm.

Get a Cash Offer on Your Houston Home -- Divorce Situations Welcome

Call (281) 905-2414 for a free, no-obligation consultation. We understand the sensitivity of divorce sales and work discreetly with both spouses and their attorneys.

Call (281) 905-2414