Divorce and the Marital Home in Texas

Real estate investors · Updated 2026-10-16

Divorce and the Marital Home in Texas

Information, not legal advice. Laws change; check the current statute or rule and talk to a Texas attorney before you act.

Divorce is one of the most common reasons a house goes up for sale. Two households now need to be paid for with the same income. The mortgage may fall behind. Often neither spouse can afford to keep the house alone. For a buyer, though, a divorce house carries special rules: who owns it, who has to sign, and whether a court order freezes it for now.

This article explains the Texas rules in plain English.

Texas is a community-property state

Texas splits marital property into two kinds (Family Code ch. 3):

Property either spouse has during or at the end of the marriage is presumed community. A spouse who claims something is separate must prove it by clear and convincing evidence (§3.003).

A house bought during the marriage is usually community property, even if only one spouse is on the deed. That point surprises many investors.

The homestead needs both spouses

Whether the homestead is separate or community property, "neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse" (Family Code §5.001). So if the house is the family's homestead, plan on both spouses signing, even if one has moved out and only one name is on the deed. Title companies check for this.

While the divorce is pending

Standing orders and temporary orders

Many Texas counties, including Dallas County, have standing orders that apply automatically the moment a divorce is filed. They generally bar both spouses from selling, transferring, mortgaging or encumbering property, separate or community, unless the court allows it or the order makes an exception. The exact wording varies by county and court, so read the order for the county where the case is filed.

The judge can also issue temporary orders and injunctions to preserve property while the case is pending (Family Code §6.502).

What this means: a contract to buy a house from one or both spouses during a pending divorce may need the other spouse's written agreement, and sometimes a court order, before it can close. A title company will usually require one or both.

The waiting period

A Texas court generally cannot grant a divorce until 60 days after the petition was filed (Family Code §6.702). Exceptions exist for certain family-violence situations. Contested cases often take much longer.

Lis pendens

A spouse can record a lis pendens against real property involved in the divorce. That warns buyers and lenders that title is in dispute.

Dividing the house

At the end, the court divides the community estate "in a manner that the court deems just and right" (Family Code §7.001). Texas does not require an exact 50/50 split. Common outcomes:

1. One spouse keeps the house and buys out the other. This is sometimes secured by an owelty lien or a refinance.
2. The house is sold and the proceeds are split, often with a deadline in the decree.
3. One spouse stays for a time (for example, until a child finishes school), then the house is sold.

The decree does not change the mortgage

A divorce decree binds the spouses. It does not bind the lender. If the decree awards the house to one spouse, both spouses usually remain liable on the note until it is refinanced or paid. Missed payments hurt both credit records, and the lender can foreclose regardless of what the decree says. That is why divorce often shows up later as a pre-foreclosure.

Paper the transfer

The decree awards the house, but title companies often want a recorded deed (a special warranty deed, or a deed without warranty, from the spouse giving up the house) plus a certified copy of the decree. A buyer purchasing after a divorce should confirm:

• the decree (and any later agreed orders);
• that any required deed between the spouses was signed and recorded;
• any owelty lien or deed of trust securing a buyout; and
• whether the other spouse has to sign anything else.

Working divorce leads with care

Divorce filings are public court records in Texas, but the people involved are going through one of the hardest seasons of their lives. Keep outreach respectful, low-pressure and short. Expect that:

• two decision makers may disagree, and each may have a lawyer;
• some homes are under a standing order, so nothing closes without the court or both spouses agreeing; and
• timing is often set by the court, not by you.

Never use family-violence details, protective orders or children's information in outreach. Those are often confidential, and they should be left alone.

How this shows up in Agentix Data

Agentix Data carries divorce filings from the Harris County District Clerk's daily public files and from the Fort Bend and Denton county court indexes, as the fact of filing only: party names, case number, filing date and court. We do not carry case contents, addresses from the case, protective orders or custody and support cases. Filings are matched to properties through appraisal-district owner records. Fort Bend and Denton matches are name-only and marked "possible." A divorce filing on a house that is also tax delinquent or in a foreclosure suit ranks higher on our stacked lists.

Sources

• Texas Family Code ch. 3 (§§3.001-.003), marital property: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.3.htm
• Texas Family Code ch. 5 (§5.001), homestead joinder: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.5.htm
• Texas Family Code ch. 6 (§§6.502, 6.702), temporary orders and waiting period: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
• Texas Family Code ch. 7 (§7.001), division of property: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.7.htm
• Texas Constitution art. XVI, §50(a)(3), owelty liens on homestead: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm
• Texas Judicial Branch, local rules and standing orders library: https://topics.txcourts.gov/LocalRulesPublic/
• Texas State Law Library, divorce guide: https://guides.sll.texas.gov/divorce

General information, not legal or financial advice.