Selling A House During Divorce in Texas Guide

When getting a divorce, one of the primary assets that will be divided between you and your spouse is your home. The simplest way to navigate this process is by creating a divorce settlement agreement with your spouse that details how your assets will be split. These documents are often cased in a single packet or book that allows them to be given to a judge before they sign the final divorce decree in court.

Becoming a seller while getting divorced in Texas requires knowledge of how the legal system works. If you’ve wanted to sell your home for years, now is the perfect time to do so. We Buy Houses Fast has worked with sellers, investors, and all types of people in Texas. By implementing the right strategy, you can sell your home and get cash for it. The following article is a comprehensive guide that provides in-depth explanations of all your available sale options. Our goal is to help you sell your house while getting a divorce in Texas.

Table of Contents

• How Does Selling Your House During a Divorce Work in Texas?
• Who Gets The House In a Divorce in Texas?
• Should I Sell Before or After Divorce?
• Who Gets to Stay in the House During Divorce in Texas?
• Alternatives to Selling During Divorce in Texas
• Divorce House Sale Frequently Asked Questions
• Easiest Way To Sell A House During A Divorce In Texas

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

While it can be difficult to sell a house in the middle of a divorce, you can effectively handle this process if you have an attorney by your side who can give you sound legal advice. Your next goal should be to identify who owns your real estate. It could be a separate property or a marital one. You must then determine if you’d like to become a seller.

If you wish to sell your home, you can do so through an investor or realtor. The profits from the sale will need to be divided between you and your ex. Once you sign the divorce papers, you need to take the following steps.

Step 1. Find A Divorce Attorney in Texas

Technically, divorce lawyers aren’t necessary when seeking a divorce in Texas. However, the state’s legal system is highly complex. During the divorce process, you can avoid making mistakes by hiring a divorce attorney. These professionals have extensive knowledge of divorce laws and will be able to give you the information you need to succeed.

Step 2: Determine Who Owns The Real Estate

The next step required to act as a seller and offload your home is to determine who owns the real estate. Answering this question is important before you decide to sell. It allows you to understand if you can sell the home and how to split the cash. In this state, property is divided 50/50, which means that there are strict parameters you must adhere to.

If the home was acquired during the marriage, it’s considered shared property. If you can prove that you bought the house before you became a couple or married, it may be separate property, which means that you would receive full ownership rights. Keep in mind that marital property can also apply to all types of real estate, which include everything from mobile homes to condos.

The types of properties that are viewed as seperate can also include ones that are received as gifts or as part of an inheritance. If the home was owned before the marriage, the primary homeowner can choose to become a seller or keep the property. If the home is sold, the owner won’t be breaking the law by keeping all the proceeds.

Even if you believe that a home belongs to your estate and shouldn’t be shared by your spouse, it’s possible for real estate to be part separate and part marital. In this scenario, the court may need to decide how the assets are split. Let’s say that the home was bought before the marriage. Part of it could be marital property if joint income was used to pay the mortgage after the marriage. Even if the title only includes the name of one spouse, part of the property may be marital. The same is true if one party owns a business.

There are numerous factors that determine how much of the property is marital. These factors include everything from mortgage payments to down payment contributions. If you become a seller to get cash, the court may decide how much of the proceeds you get to keep.

Step 3: Decide How You Want to Sell The Property

When you’re facing a divorce but want to sell your home, you must decide how the property will be sold. One option involves hiring a real estate agent who can manage any properties that are part of your estate. Consider signing a settlement agreement that outlines the realtor’s duties. If you don’t come to an agreement with your ex, the judge could select a real estate agent for you.

You could also sell to a local cash home buyer in Texas like We Buy Houses Fast, which allows you to get cash fast. Working with a cash home buyer allows you to save money and avoid the hassle of listing your home on the market. You won’t need to come to an agreement with your spouse about who needs to pay for the realtor fees and any repairs that need to be made. As the seller, you can get cash instantly. Cash buyers are fine with purchasing homes in any condition. It’s a stress-free way to complete the sale of your home while going through a divorce.

Step 4: Sell The House

The home sale method you select determines how efficient the process is. If the sale goes through with a cash home buyer, it can be completed in just five to seven days. You don’t need to wait for inspections to take place or for buyer financing from a lender to go through.

If you work with a realtor, you’ll need to wait for someone to make an offer. In addition to this hassle, you must also go through a lengthy closing process. Even if the sale occurs with a retail buyer, the process can still take weeks. It’s a costly option.

Step 5: Divide the Proceeds from the Sale

Since Texas isn’t an equitable distribution location, the sale of your home occurs via a 50/50 split. Keep in mind that additional fees and considerations must be taken into account if you’re selling your home as part of your divorce. If you owe any property taxes or other debts, these must be paid off immediately. Some other fees you might encounter include agent expenses, mortgage payments, and equity lines of credit.

Who Gets The House In a Divorce in Texas?

If you’re getting a divorce, you must know the answer to this question. You can only act as the seller if you get the house or your ex agrees to the sale of your property. If you and your spouse are unable to come to an agreement, the judge could step in and decide for you. They might choose to give the home to one party based on factors like each person’s income and the degree of fault for how the marriage ended.

If both parties own the home but one wants to sell, the mortgage can be refinanced to ensure only one spouse has their name on the title and deed. The cash that’s made available from the refinance will be used to pay the party who is having their name removed from the title. If neither spouse wants to sell, the court will make the final decision before the divorce is finalized. The simplest way for a sale to go through is when both parties want to sell.

Should I Sell Before or After Divorce?

Both sale options are valid. If you believe that your ex might not want to sell, you need to discuss this before finalizing the divorce. Selling before the divorce goes through requires you to frequently communicate with your spouse. While a divorce will lead to major changes in your life, you can have some say in what happens next if you can come to an agreement with your ex.

If you want to negotiate the sale of the property before the divorce, you’ll need to agree on repairs and the sale price. The document needs to be highly detailed to ensure you don’t encounter any roadblocks once the divorce goes through. Try to think of any things related to the sale that you believe should be placed in the final document.

If you’d like to sell after the divorce, this may only be possible if you and your spouse agree to keep the property during these proceedings. If the sale of the house is urgent, consider doing it before the divorce.

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

Several factors determine who gets to live in the house while the divorce is ongoing. If the house is viewed as marital property, you and your ex have equal rights to live there until the final divorce decree is signed.

When both spouses want to reside in the house without the other, they must agree to split their time. If children are involved, it’s possible for the parent who has custody to live in the house. Seek legal counsel to ensure you don’t make any mistakes during these negotiations. It’s also a good idea to remain courteous when speaking with your spouse.

Alternatives to Selling During Divorce in Texas

While being a seller is valuable and can help you accrue a lot of cash, there are times when the best option is to keep your house. It may be preferable to foreclosure. Here are a few alternatives to selling while getting a divorce that aren’t costly.

Co-Own The Property

While this specific option isn’t a favorite among spouses who are going through a complicated and highly personal divorce, you can choose to co-own the property. If you can’t sell the house because of poor market conditions, this option may be needed. However, you and your spouse must agree on how the payments will be split and who will make them. It’s also important to determine how each party will use the property.

If your spouse has offered favorable terms, this may be the least costly method. You can still choose to sell the house at a later date. If you want to keep the entire family in one place until your children finish school, consider co-owning the home. The only downside to this strategy is that you and your spouse will need to cooperate, which may only be possible during an amicable divorce.

Buy Out The Other Spouse

If you own one or more properties and want to become a seller, you could buy out your spouse. A buyout can only take place once you identify the home’s market value. You can buy out your spouse by paying half of the property’s market value in cash. You’ll then have full ownership of the house, meaning that you can act as a seller and get cash for it. This strategy is also effective with a HELOC.

Divide the Marital Assets

If neither you nor your spouse wants to sell your house or co-own the property, you have the option of dividing all your assets equally. The entirety of your assets must be split 50/50, which is made easier with divorce agreements.

If you and your spouse can come to an agreement, you could take full ownership of the marital residence. Your spouse can retain marital assets that have an equivalent value. If you wish to become a seller by getting cash for your house, this option may be preferable. You can provide your spouse with vehicles, retirement funds, cash, or stocks to ensure the deal is fair.

However, this strategy is only effective during an uncontested divorce that involves a considerable amount of assets. The difference between a contested divorce and an uncontested one is that the latter usually involves coming to an agreement before your case is heard by a judge. If you don’t have enough assets to match the value of the home, you may need to use another strategy. The benefit of dividing your assets is that neither you nor your spouse will need to pay a lump sum of cash.

Divorce House Sale Texas Frequently Asked Questions

As a seller, deciding how to offload your house is crucial if you want to avoid the stress that typically accompanies divorce proceedings. Here are the answers to some of the most frequently asked questions we’ve received from sellers over the years.

Can I Sell the House Before the Divorce Is Final?

With the right approach, you can sell a house while getting divorced. However, it’s best to hire a divorce lawyer who has experience working with sellers. You’ll likely need to come to an agreement with your spouse to go forward with the sale before getting a divorce.

Is Texas a 50-50 Divorce State?

If you’re thinking of becoming a seller by getting rid of your home while going through a divorce, keep in mind that Texas is a community property state, which means that marital assets will be split 50/50. Even though Texas law allows for fault-based and no-fault divorces, 50/50 division is always part of the equation. However, spousal support and child custody are calculated based on other factors.

How Does Capital Gains Tax Work in a Divorce?

Regardless of who acts as the seller for your house, you and your spouse may receive a profit after the sale goes through. Any profits you earn from the sale of your home will be taxable on your next return. If your spouse gives you the right to sell the home, they won’t pay any taxes.

Can I Force My Ex to Sell the House After the Divorce?

It’s possible to force your ex to sell your home after you get a divorce. In this situation, becoming a seller might only be possible with the help of an attorney. If the divorce decree states that your home needs to be sold after the divorce, your attorney can file a motion stating that your ex isn’t complying.

How Do I Sell My House if One Partner Refuses?

You can become a seller and receive cash for your home even if your spouse refuses. In Texas, property must be split 50/50. If your spouse refuses to sell, consider filing a partition action. The court may then order a house sales process.

Easiest Way To Sell A House During A Divorce In Texas

Selling your house while you’re going through a divorce is never going to be easy. During divorce proceedings, you must divide all your assets and make sure the final settlement is fair for each party, which means that every issue between you and your spouse must be dealt with. Because of how complex this process can be, you must understand what it takes to sell a house while going through a divorce. This knowledge should help you make the right decisions.

If you want to be a seller but would rather avoid dealing with a realtor during the sale, we buy houses for cash. If you have further questions, contact our honest professionals. We can help you sell a house while getting a divorce in Texas. Our home-buying service is hassle-free. We’ll purchase as-is without asking you to make repairs. These findings apply to all cities in Texas, including Houston, San Antonio, Dallas, Fort Worth, Corpus Christi, Austin, and more!