Start with ownership and the family home
Selling during a divorce involves both the house and each spouse’s rights. I can explain the purchase and proposed terms. Decisions about ownership and the divorce need to be settled before moving ahead with a sale.
Under Texas law, property either spouse gets during the marriage is community property unless it is separate property. Property held during the marriage or on divorce is presumed to be community property. Separate property must be shown by clear and convincing evidence.
For the homestead, or family home, both spouses generally must join in the sale, whether it is separate or community property. Texas law allows some exceptions. Living elsewhere or paying the bills alone doesn’t settle who must participate.
Court orders may affect what happens next
While a divorce is pending, the court can issue temporary restraining orders and temporary orders to preserve property. These can give one spouse use of the home for the duration of the case.
Ask your Texas attorney before signing anything. Have them review the existing orders, proposed purchase agreement, and timing. I can provide the written offer for that review.
This is general information, not legal advice.
One offer both spouses can see
I can work with both spouses and their attorneys. Both spouses get the same proposed price, terms, and dates. That way, each person can review the actual offer and ask questions directly.
I can answer questions about the price, access, belongings, or closing date and put proposed changes in writing. If something in the offer is unclear, tell me which part you’d like explained.
I stay out of disagreements about the marriage. The address and whether the house is occupied are enough to start a conversation. Private disputes can stay out of the contact form.
Plan the timing around the decree
The divorce decree divides the estate in a way the court considers “just and right.” I can’t promise how that division will turn out.
If the decree has been entered, the sale needs to fit its directions about the house. If the case is pending, existing orders still matter when considering a closing date. An offer alone doesn’t settle those questions.
Tell me who can arrange access, which belongings each person wants to keep, and whether anyone needs time to move. If repairs are unfinished, my guide to selling as-is explains selling in the current condition. You can discuss the work without agreeing to repair everything first.
How an offer becomes a sale
I review nearby comparable sales, the house’s condition, and expected costs when considering a cash offer. Asking is free and doesn’t commit you to selling. Both spouses can review the written proposal before deciding whether to proceed.
I walk through the house before closing at a title company. The title company confirms the earliest date once the title work is done. The proposed date needs to fit the legal guidance you receive and the time needed to move.
I may close on the house myself or assign the purchase contract to another investor I work with, on the same price and terms. I’ll tell you in writing before you sign anything. Use the form below if you want to start with the address.
Sources
Texas Family Code sections 3.002, 3.003, 5.001, 6.501(a), 6.502(a)(6), and 7.001.