Divorce is never an easy process, and selling a house during a divorce can add an extra layer of complexity to an already difficult situation. If you’re going through a divorce in Texas and considering selling your house, it’s important to understand the legal and practical issues involved. In this post, we’ll explore the Texas law and requirements for selling a house during a divorce.
Community Property in Texas
Texas is a community property state. This means that property acquired by either spouse during the marriage is generally considered community property and subject to division in a divorce. Under Texas law, community property is defined as “property, other than separate property, acquired by either spouse during marriage” [Tex. Fam. Code § 3.002(1)].
The Marital Home in Texas Divorce
If a couple owns a house during their marriage, it is likely to be considered community property and subject to division in a divorce. In Texas, the court will generally divide community property in a manner that is “just and right,” taking into consideration factors such as the spouses’ respective incomes and earning capacities, their health and ages, and the length of the marriage [Tex. Fam. Code § 7.001].
If a property settlement agreement cannot be reached, a court may be required to divide the property, including the marital home. Under Texas law, the court may order the sale of the marital home if it is necessary to divide the property or if it is in the best interest of the parties and any children involved [Tex. Fam. Code § 7.006].
Selling the Marital Home During a Texas Divorce
If the marital home is to be sold, both spouses will need to agree on the terms of the sale, including the listing price and how the proceeds will be divided. Texas law requires that both spouses sign any contract for the sale of the marital home [Tex. Fam. Code § 5.016]. If one spouse is not willing to sign the contract, the court may be required to order the sale of the property.
If one spouse wants to keep the marital home, they may be required to buy out the other spouse’s interest in the property. The buyout price will generally be based on the fair market value of the property at the time of the divorce.
Working with a Real Estate Agent and a Divorce Attorney
It is advisable for divorcing couples in Texas to work with a real estate agent and a divorce attorney to ensure that their interests are protected during the sale of the marital home. A real estate agent can provide guidance on pricing, marketing, and selling the property, while a divorce attorney can help ensure that the sale is conducted in compliance with Texas law and that the proceeds are divided fairly between the spouses.
Conclusion
Selling a house during a divorce in Texas can be a complicated and emotionally charged process. It’s important to understand the legal requirements and options available to you. If you’re going through a divorce and need assistance with the sale of your marital home, consider speaking with an experienced Texas divorce attorney to guide you through the process.
Contact The Blacknall Firm
If you are facing a family law issue and need representation for a final trial or any other legal matter, contact The Blacknall Firm today. Our team of experienced family law attorneys is dedicated to helping our clients achieve the best possible outcome in their cases. Let us put our skills and knowledge to work for you.
