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Divorce sale · Texas

Sell your Texas house during a divorce

Updated October 20, 2026

Provenial buys Texas houses for cash during and after a divorce, and both spouses sign the sale documents at a Texas title company.

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Direct acquisition

What happens when you submit

  1. 01

    Provenial makes one written cash offer that both owners can review with their attorneys.

  2. 02

    Provenial buys with private capital.

  3. 03

    You will hear from someone within 24 hours.

  4. 04

    Sellers pay Provenial no fees or commissions.

Texas law

What Texas law says about selling the house in a divorce

Texas treats property either spouse acquired during the marriage as community property, and property on hand when the marriage ends is presumed to be community property unless a spouse proves otherwise by clear and convincing evidence (Family Code 3.002 and 3.003).

For the homestead, Family Code 5.001 says that neither spouse may sell, convey or encumber the homestead without the joinder of the other spouse, whether it is separate or community property.

While the divorce is pending, the court can order both spouses not to sell or transfer property except as the court authorizes (Family Code 6.501). When the divorce is final, the court divides the estate in the way it deems just and right (Family Code 7.001).

Signing

Who signs and when

If you sell, both of you sign the closing documents. When one spouse keeps the house, the other usually signs a special warranty deed that gets filed with the county clerk, according to TexasLawHelp.

If a temporary order covers the house, get the court's authorization or an agreed order before you sign a contract. Your divorce attorneys can tell you which applies.

Proceeds

How the money from the sale gets paid

The title company pays off the mortgage and any home equity loan from the sale, then pays the rest the way the decree or your signed closing instructions say. Both owners review and sign the closing statement.

One offer

One written offer for both of you

Provenial is the buyer and makes one written cash offer on a Texas purchase contract. Both owners and both attorneys can read the same offer, and there are no showings to schedule around two households.

How it works

How a divorce sale with Provenial works

Send the address

One or both owners send the address, the names on the deed and where the divorce stands.

We look at the house and the street

We review the house, the recent sales near it and the work it needs, and someone from Provenial gets back to you within 24 hours.

You get a written cash offer

Provenial is the buyer. The offer comes in writing on a Texas purchase contract, usually the Texas Real Estate Commission's One to Four Family Residential Contract, and you decide whether to sign it.

A title company handles the closing

A Texas title company holds the earnest money, runs the title search, pays off any loan or lien from the sale and records the deed with the county clerk.

What to send

What to send

  • 01

    Address and owners

    Send the address and the names of everyone on the deed.

  • 02

    Where the divorce stands

    Tell us whether the divorce is pending or final and whether a court order or decree covers the house.

  • 03

    Loan payoff

    Tell us the lender and the payoff you know about, including any home equity loan.

  • 04

    Condition and occupancy

    Tell us who lives in the house now and the repairs you know about. Photos of the house help.

  • 05

    Timing

    Tell us when you both want to sell and any dates in the decree.

Frequently asked questions
Can you sell a house during a divorce in Texas?

Both spouses can sell the house together during a divorce, unless a temporary order bars it, in which case the court has to authorize the sale.

Do both spouses have to sign to sell a house in Texas?

For a homestead, Family Code 5.001 says neither spouse may sell it without the joinder of the other spouse, whether it is separate or community property.

Can we sell the house before the divorce is final?

You can sell before the divorce is final if both of you agree and no court order bars the sale, or if the court authorizes it.

How are the proceeds split when we sell?

The title company pays the loans from the sale and pays the rest the way the decree or your signed closing instructions say.

Does Provenial take sides in a divorce sale?

Provenial is the buyer and makes one written offer to both owners. Each owner can review it with their own attorney.

Texas market facts

Texas market data from primary sources

Property submission

Get one cash offer for both owners

Send the address, the condition of the house, who lives there and who signs for the sale.

Submit a property