Selling A House During Divorce in Texas Guide

Divorce can be one of the most challenging times in your life. Worse, having to sell your marital property can add additional stress. However, in Texas, selling your house for cash after a divorce can be a fast, seamless solution. Cash buyers can make this step easier, whether you are the designated seller or coordinating the sale with your spouse. Cash buyers who buy houses provide a fair offer so you can focus on moving on with your life. This article serves as a guide for people looking to sell their homes during a divorce.

Table Of Content

1. How Does Selling Your House During a Divorce Work in Texas?
2. Who Gets The House In a Divorce in Texas?
3. Should I Sell Before or After the Divorce Papers Are Signed?
4. Who Gets to Stay in the House During A Divorce in Texas?
5. Alternatives to Selling During Divorce in Texas
6. Divorce House Sale Texas Frequently Asked Questions
7. Easiest Way To Sell A House During A Divorce In Texas

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

Here are the steps to sell your home during a divorce in Texas.

Step 1. Find A Divorce Attorney in Texas

The first step is to find a professional divorce attorney in Texas who can guide you through the legal process. Divorce lawyers protect your interests so that the sale of your marital property is handled correctly and fairly.

A divorce attorney can help reduce conflicts, too, making the sales process smoother for both sides. A divorce attorney can also help you understand your rights and obligations if you’re the seller.

Step 2: Determine Who Owns The Real Estate

The second step when you sell your house during a marital divorce in Texas is determining who owns the real estate and the title. This is important as property ownership will decide how the profits from the sale will be divided. If the property was acquired during the marriage, it will be considered marital property. However, if one spouse owned the property before the marriage, it may be regarded as separate.

To clarify who owns the real estate, look at your property deed and contact a divorce attorney. Getting the advice of a divorce lawyer is crucial at this stage to minimize disputes.

Step 3: Decide How You Want to Sell The Property

When you need to sell your home during a divorce in Texas, the third step is deciding how to sell the property. You can opt for a traditional sale with a real estate agent, or you can opt to sell it to a cash home buyer and get cash. The difference between the traditional route and a cash buyer is that selling your house to a cash buyer is typically faster and simpler. You won’t need open dwellings, renovations, or back-and-forth negotiations. A quick cash sale can be attractive if you are going through a painful divorce.

Step 4: Sell The House

The fourth step is to sell the house. If you have chosen the traditional route, your realtor will handle all aspects of the sales process and will list your home after you have prepared it for the market. This process, on average, takes about three months and can be costly. In addition to the closing cost fee, there are additional fees, such as appraisal or inspection.

If you have chosen to sell it to buyers who pay cash, the transaction will be fast and straightforward. There are no middlemen and no hidden fees. Cash home buyers purchase houses in any condition and pay cash.

Regardless of the method you choose to sell your home, your goal as the seller should be to ensure that the sale is fair to both sides.

Step 5: Divide the Proceeds from the Sale

The final stage is to divide the proceeds from the house sale fairly. This step ensures that both sides receive their fair share and can move forward with their lives. Remember that the division will depend on whether the property is a community or separate. Community property may be split but not always be divided equally. Various factors, such as each spouse’s contributions to the marriage, are considered. Divorce attorneys are essential at this stage to ensure that all debts, such as mortgages, are paid off first.

Who Gets The House In a Divorce in Texas?

Deciding who gets the house in a divorce in Texas depends on several factors. Texas is a community property state; any property acquired during the marriage typically becomes marital property. However, the question of who keeps the home isn’t always straightforward.

If it is an uncontested divorce and both spouses agree to sell the house, the couple can split the cash from the sale. This gives both sides a clean break without dealing with shared property.

On the other hand, one spouse may choose to keep the home. In this case, an attorney can help decide how the other spouse will be compensated. Sometimes, a judge may decide who keeps the house based on the children’s best interests and each spouse’s financial situation. If you are the seller, work with a divorce attorney to find a solution supporting the entire family.

Should I Sell Before or After the Divorce Papers Are Signed?

As a seller, you may be torn on selling your house in Texas before or after your divorce. Here are some factors you should take into consideration.

Selling Your House Before the Divorce

If you sell your house before the divorce, it can make the division of assets much simpler. In addition, you can avoid the complexities of dividing property by splitting the money from the sale. Both parties will also get a fresh start without the marital property burden getting in the way of the divorce proceedings. Moreover, it can help minimize conflicts over the future use of the home.

Selling Your House After the Divorce

If you sell your house after the divorce, it can create a stable living environment, especially if there are children involved. You may also get a better price for the house if you wait until the market is favorable. And because you’re not rushing to sell, you can explore your options further and develop a solution that works well for everyone involved.

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

In Texas, who gets to stay in the house during a divorce depends on several factors, such as a court’s decision, who has custody of the children, or an agreement between the spouses.

• Mutual Agreement: In an ideal scenario, it’s possible for two partners to mutually agree who should reside in the home during the divorce. Mutually agreeing on who lives where you can create stability for your children and minimize disputes.

• Court Decision: If you and your spouse cannot agree, the court may step in and make a decision. The court will usually decide based on factors such as the best interests of your children, the marital assets, and the financial situation of each spouse. Sometimes, the court may issue a temporary order to determine who stays in the home until the divorce is finalized.

Alternatives to Selling During Divorce in Texas

When you’re facing divorce in Texas, you can put your house up for sale. Here are some alternatives to consider.

Co-Own The Property

One alternative to putting your home up for sale during a divorce is to co-own the property. This means both spouses will retain ownership of the house even after the divorce is finalized.

To co-own a property, the spouses must decide how to handle and split expenses such as home insurance, mortgage, and repair work. Spouses can also determine who will live in the house. In some cases, both spouses may move out after the final divorce and decide to rent the house instead.

Although co-owning can be a good decision, there are challenges. Since both parties are financially tied to the house, it can complicate their financial independence. Things may also become complicated if there is a child custody battle.

Buy Out The Other Spouse

Another alternative is to buy out the other spouse. This option lets one spouse keep the house while purchasing the other spouse’s share.

A buyout can be an excellent option if you wish to stay in the home and provide stability for yourself and your children. It can also be a good idea if one spouse has a personal attachment to the house or doesn’t want to change living arrangements drastically. Finally, buyouts avoid the stress of putting a home up for sale.

For a buyout to work, the home must be appraised to determine its market value. Then, each spouse’s share must be calculated based on this appraised value. Once the spouse staying in the home pays the other spouse’s share, the title can be updated.

Although a buyout is a great idea, there are marital challenges. A buyout can be costly, specifically for the partner paying the cash. The partner buying the house must afford to pay the other partner their share financially. To solve this problem, some people turn to payments over an extended period. They may also choose to refinance the house.

Divide the Marital Assets

The final alternative for couples to separate is to divide the marital assets. Dividing the assets ensures both spouses receive a fair share without necessarily having to sell the home. One spouse can remain in the home while the other spouse receives other assets of equal value. Dividing the marital assets also avoids putting the house up for sale.

To divide the marital assets fairly, begin by valuing all the assets. This will include retirement accounts, investment portfolios, homes, vacation homes, vehicles, and anything else that both sides consider valuable. Then, negotiate which marital assets you will keep and which assets your spouse will get. An attorney can ensure that all agreements are legally documented.

Just as there are advantages to dividing marital assets, there are challenges. If there are quite a few assets, there may be conflicts about who gets what. Furthermore, being fair and courteous to both parties can be challenging, especially when the estate assets are varied or if spousal support is part of the divorce settlement. In addition, disputes may crop up if one partner works during the marriage and the other doesn’t.

If you want to sell your house during divorce, you can also sell it for cash and move on with your life. If this sounds like something you would like, contact us, sell it quickly, and leave the stress. Check out our home-buying process, and if you want to know more about us, see what our clients say.

Divorce House Sale Texas Frequently Asked Questions

Can I sell the house before the divorce is final?

Yes, in Texas, you can sell your house before the divorce papers have been signed and the divorce is final. However, both partners must agree to the house sale. Both partners must also agree on how the proceeds from the sale will be divided. If you are the seller, a divorce attorney can help you navigate the legal aspects of selling your house before the divorce is final.

Is Texas a 50-50 divorce state?

No, Texas is not automatically a 50-50 state. Texas is a community property state, meaning the marital property is divided equitably. However, this does not always mean equality.

How does capital gains tax work in a divorce?

If you sell your marital home during a divorce, the capital gains tax may apply to the proceeds from the sale. Both spouses can exclude up to $250,000 of the capital gains tax if they have lived on the property for at least two of the last five years before the sale. To find out more about what is taxable, consult a tax professional.

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

After your divorce, you cannot force your ex to sell the house unless a court order or a divorce decree stipulates it. If neither stipulates it and you cannot communicate your desires properly or work out your differences, a court order will be required to sell the house if you and your ex-partner disagree.

How do I sell my house if one partner refuses?

If you wish to sell your house but your partner doesn’t want to, you may need to get the courts involved. Consult an attorney to see what the divorce laws say and what legal rights you have. An attorney can provide helpful information on what steps are needed to sell your house by the book and according to the laws in Texas.

Easiest Way To Sell A House During A Divorce In Texas

As a seller, putting your house up for sale during a divorce in Texas can be complex and tedious. However, fast options are available, mainly when you sell to a company that pays cash. When you choose to sell your home to a cash home buyer, you’ll get a hassle-free transaction. There is also no need for costly renovations or appraisals. If moving on quickly is a priority, you can sell your home for cash to save time and reduce stress. These benefits apply to all cities and counties in Texas, including Houston, Austin, Dallas, Fort Worth, San Antonio, Denton, Garland, and Arlington.

Sell My House For Cash TX is a local house-buying company out of Texas. We’ve built our business by buying various properties for cash, such as houses, condos, and mobile homes. We can also buy your house if it’s facing foreclosure. Our service promises competitive cash offers without the hassle of dealing with real estate agents, banks, or lenders. We operate throughout Texas and have bought many houses from sellers who are going through a divorce. Do you still have questions? Check out our Frequently Asked Questions Section.

Want to sell your house fast for cash? Contact Sell My House For Cash TX today!