How to Sell a House During Divorce in Texas and Florida

Texas: Community Property Rules

Texas is one of nine community property states. This means that most property acquired during the marriage — including the family home, if it was purchased after the wedding — belongs equally to both spouses, regardless of whose name is on the deed or who made the mortgage payments.

When you divorce in Texas, community property is generally divided equally (50/50). However, a Texas family court can make an "unequal division" if it determines that doing so is "just and right" based on factors like earning capacity, fault in the breakup, or custody arrangements. Consult a Texas family law attorney for guidance specific to your case.

Separate property (property owned before marriage, or received as a gift or inheritance during marriage) belongs only to that spouse and is not subject to division. However, you must be able to trace and prove it's separate property — commingling funds can complicate this.

Florida: Equitable Distribution

Florida is an equitable distribution state. This doesn't mean equal — it means "fair" as determined by the court. Florida courts start with the presumption of 50/50 but will consider: length of the marriage, each spouse's contributions to the marital estate (financial and non-financial), economic circumstances of each spouse, whether one spouse interrupted their career for the family, and intentional dissipation of marital assets.

The family home is almost always considered a marital asset in Florida if it was purchased during the marriage, even if only one spouse's name is on the title. Always consult a Florida family law attorney before making any decisions about the marital home.

Your 4 Options for the Marital Home

1. Sell the Home and Split the Proceeds

The cleanest solution. Both spouses agree to sell, the home is listed or sold to a cash buyer, and the net proceeds are divided per the divorce agreement. A cash sale is ideal here because it removes the need for both spouses to coordinate showings, agree on a listing price, and wait 60–90 days for a traditional sale to close.

2. One Spouse Buys Out the Other

One spouse keeps the home and refinances the mortgage in their name only, paying the other spouse their share of the equity. This requires the buying spouse to qualify for a new loan on a single income — often difficult in today's rate environment. If they can't qualify, this option isn't available.

3. Defer the Sale (Co-Ownership)

Sometimes agreed upon when children are involved — both spouses continue to co-own until a specific event (children graduating, refinancing becomes possible, market conditions improve). This requires cooperation and communication between ex-spouses, which often breaks down over time. It also keeps both parties financially tied to each other.

4. Court-Ordered Partition Sale

If one spouse refuses to sell or cooperate, the other can file a partition lawsuit in Texas or Florida court. A judge can order the home sold and proceeds divided. This process takes months and costs thousands in legal fees — it's a last resort, but it is available if the other spouse is being unreasonable.

Why a Cash Sale Is Often the Best Option During Divorce

• Speed — Close in 7–14 days instead of 60–90. Faster resolution = less time co-owning with your ex
• Privacy — No open houses, no strangers walking through your home during a difficult time
• No coordination required — Only one spouse needs to be present at closing (via power of attorney if needed)
• Certainty — No financing contingencies, no deals falling through at the last minute
• Can close before final decree — In many cases, a cash sale can complete while the divorce is still pending, allowing both parties to divide the equity and move on
• Condition doesn't matter — If the home has been neglected during a difficult period, we buy as-is

What Documents Do You Need to Sell During Divorce?

• Both spouses' signatures on the purchase agreement (or a valid power of attorney)
• Divorce petition or decree (to establish the sale is authorized by the court if needed)
• Mortgage payoff statement from your lender
• Any liens or judgments on the property
• Court order authorizing the sale (if a judge has ordered the partition)

What Happens to the Mortgage?

The existing mortgage is paid off at closing from the sale proceeds — before either spouse receives their share of equity. If the home is underwater (you owe more than it's worth), selling may result in a loss that both parties share. This is a situation where a real estate attorney's guidance is essential.