Sell House During Divorce
Two people separate, but they share one property. Texas Cash House Buyer helps residents sell a house during a divorce, so both parties can move on in the best way possible.
Sell a House During Divorce in Texas
Divorces are filled with difficulty and stress. There are arguments, legal issues, and all kinds of hurdles before the process is over.
Bypass a major complication through a cash sale of the house you share. With Texas Cash House Buyer, divorcing couples can enjoy a quick payday and a clean break.
What Happens to Your House During a Divorce
When going through a separation, there are certain things you can or can’t do with a house or real property before a divorce is finalized.
For example, you cannot sell a property without an agreement between both spouses.
According to Texas Family Code § 5.001, if the house was the couple’s primary residence, it can’t be sold without both spouses’ consent, even if only one spouse’s name is on the deed.
Some examples of what you can do include:
- Keep the house & refinance: Some divorcing couples consider an arrangement in which one spouse refinances the mortgage in their name alone. This may be acceptable, but many disagree with continuing financial ties, preferring a clean break by selling the property.
- One spouse buys out the other: One spouse can pay out the other for their share of the property, leaving only one as the owner without issue. However, this is often infeasible, since it requires them to have the cash or qualify for a refinance to buy out their spouse.
- Sell the house & split the profit: One of the cleanest options is to sell the house during divorce proceedings, then divide the profit after paying off the remaining mortgage payments and other fees. A cash house sale is ideal in this case, as there are no additional broker or realtor fees, and the selling process is fast and easy.
No matter which direction you want to go, make sure to talk it over with an experienced divorce attorney and a knowledgeable house buyer. Please note: We are not experts in providing legal advice based on Texas law or financial recommendations.
Why Choosing a Cash Sale Works During Divorce
If a separating couple wants to sell their primary residence, a cash house sale can be a viable option. Here's why many splitting spouses choose to work with Texas Cash House Buyer when they want to sell a house before divorce is final:
We Act As An Impartial Party
With over 20 years of experience in house sales, we empathize and provide an unbiased, balanced experience, serving as a neutral party between spouses. We handle all details, keeping in-person interactions between each seller to a minimum during the cash sale process.
Less Hassle
A cash house sale cuts through a lot of the typical hurdles you deal with in traditional real estate. You won't have to go through a lengthy period of showings or debate who has to pay for a necessary repair before the house can be sold. Instead, Texas Cash House Buyer gives you a cash price, and you can sell it to us as-is.
Privacy Is Respected
Open houses and signs on the front lawn can lead neighbors and friends to ask questions at a time when you’d rather have privacy. But with a cash sale, your house is never listed on the market, so there’s no need for all the fuss that comes from a traditional sale.
Texas Cash House Buyer typically sends an associate to visit and inspect your house, but we stay discreet throughout the entire sale process.
Faster Sales Process
Cash house sales are much faster compared to traditional sales done through a realtor. There’s no drawn-out process of finding a buyer and waiting for a loan to be approved.
Instead, our process is simpler and more direct. No listings. No open houses. You choose a closing date, whether it’s seven days or seven weeks after our initial call, and we get things done.
Community Property Explained
Whether it is a divorce or a house sale, every detail is important. If you would like to sell a house during a divorce in Texas, make sure you know if the property is community property.
Texas is a community property state, which means under Texas Family Code § 3.002, a house purchased during a marriage may be considered equally owned by both spouses, even if one spouse is not on the deed. Neither spouse is allowed to sell, transfer ownership, or take out a loan with the property as collateral without the other’s consent.
Community property rules are part of why a house sale requires agreement between both spouses before it can be sold. Circumstances may differ case by case and should be discussed with a lawyer.
How Our Process Works
For over twenty years, Texas Cash House Buyer has helped numerous people sell their houses fast, giving them a chance to enjoy a clear, fresh start with as little stress as possible.
Reach Us
Get A Fair Price
Enjoy the Final Sale
Learn how our cash home buying process works in detail and discover how to simplify a tough divorce.
Why Clients Choose Texas Cash House Buyer
There are many cash buyers in the real estate market who are ready to make an offer. But they aren’t prepared to treat you as more than a name and an address.
Our team at Texas Cash House Buyer aims to simplify the process of selling a house for individuals and families who need a fast, flexible solution when they’re in a tough spot. Divorce is one of the biggest reasons to sell your house fast, among many others.
Here’s why clients going through a separation often come to us:
Fast sales that fit your timeline.
We send a cash price within 24 hours and can close within 7 days.
We buy all kinds of houses in any condition, as-is.
Don't worry about mess, clutter, repairs, or damage. We'll take care of it.
Free yourself from paperwork.
We’ll take care of sticky titles and other necessary documents for the sale.
At Texas Cash House Buyer, we offer a simple solution for those who need to sell a house. It may be to end a divorce cleanly, get rid of an inherited house, or sell before a foreclosure. Whatever the case may be, we’re here to help.
Frequently Asked Questions
Can someone sell a house before divorce is final?
Yes, they can, but it depends on the court and whether both parties agree to the sale. Some court orders may restrict your ability to sell a property until the divorce has been finalized. In most situations, a house is community property or a primary residence, and both spouses must agree to complete a sale.
Texas Cash House Buyer is ready to buy your home in either case. Before proceeding with a sale during a divorce, it is important to consult a family law attorney.
Who Gets The House In A Divorce in Texas?
Texas law states that the court divides community property in a way that is 'just and right.' Considerations are made for the rights of every party, including your children.
This means there may be cases where it won't be an exact 50/50 split of assets, unless there is a settlement beforehand. Many married couples going through a divorce decide to sell the house they share and divide the profits before a final decree is made in their divorce proceedings.
Do both spouses have to agree to sell?
In most cases, yes. Texas state law considers a couple's homestead or primary residence shared marital property. That means neither spouse is allowed to sell, exchange ownership of, or use the property as collateral for a loan without both parties' agreement.
How is the money split after the sale?
It differs from case to case. The division of profits from a house sale may be negotiated and agreed upon by both parties before the sale. Or, it may be decided by the judge based on what is 'just and right.' Either way, Texas Cash House Buyers can ensure each party receives the correct amount.
Can you work with our divorce attorneys?
Yes, Texas Cash House Buyer can work directly with your attorneys and title company to ensure all paperwork, sales details, and closing costs are handled without direct contact between the parties. We do all we can to act as a neutral party, helping everyone experience less hassle and more peace of mind.