By Zareena Samidon | Samidon Realty Group | Colleyville, TX

I’ve been in your shoes. Not as a real estate professional — as a person going through a divorce, trying to figure out what to do with a house while everything else felt like it was falling apart. That experience is why I do this work, and why I wrote this guide. — Zareena

Table of Contents

1. Texas Community Property Law: What It Means for Your Home
2. DFW Standing Orders: The Rule Most Couples Don’t Know About
3. Your Three Options for Handling the Marital Home
4. Selling During vs. After Divorce: What’s the Difference?
5. How a Cash Sale Works During a Divorce
6. County-by-County Standing Order Reference for DFW
7. What Happens to the Sale Proceeds?
8. Timeline: How Fast Can You Close?
9. Frequently Asked Questions

Texas Community Property Law: What It Means for Your Home

Texas is one of nine community property states in the U.S. This single fact shapes everything about selling a home during a divorce here.

Under Texas law, any property acquired during the marriage is presumed to be community property — meaning it belongs equally to both spouses, regardless of whose name is on the mortgage or the deed. This includes:

• The family home you bought together
• A home purchased in one spouse’s name using marital income
• Improvements made to separate property using marital funds

What counts as separate property (and therefore doesn’t require both signatures):

• Property one spouse owned before the marriage
• Gifts or inheritances received by one spouse during the marriage
• Property specifically designated as separate in a valid prenuptial agreement

The practical implication: in the vast majority of DFW divorces involving a home purchased during the marriage, both spouses must sign any sales contract before the property can be transferred to a buyer. No exceptions. Attempting to sell without your spouse’s signature can expose you to contempt of court charges and can unwind the entire transaction.

DFW Standing Orders: The Rule Most Couples Don’t Know About

The moment a divorce petition is filed in most DFW counties, a Standing Order automatically goes into effect. You don’t have to be notified separately. It’s automatic.

A Standing Order is a court-issued set of restrictions on both spouses’ behavior during divorce proceedings. For real estate, Standing Orders typically prohibit either spouse from:

• Selling, transferring, or gifting any community property
• Taking out a loan against the property (refinancing, HELOC, etc.)
• Removing the other spouse from any insurance policy on the property
• Allowing the property to fall into disrepair or waste the marital estate

Your Three Options for Handling the Marital Home

Option 1: One Spouse Buys Out the Other

One spouse keeps the home by paying the other their share of the equity. This requires an agreed-upon home valuation, the keeping spouse to qualify for refinancing in their name alone, a Special Warranty Deed, and court approval or a written agreement incorporated into the divorce decree.

Best for: Couples where one spouse has strong enough income and credit to qualify solo, and children’s stability is a priority.

Challenge: In today’s interest rate environment, many spouses who could qualify on a joint application cannot qualify alone.

Option 2: Both Spouses Retain Ownership and Sell Later

You agree to co-own the property after the divorce, with one or both spouses living there (or renting it out), and sell at a future date. The divorce decree spells out who pays the mortgage, who handles maintenance, and how proceeds will be split.

Challenge: You remain financially tied to your ex-spouse. Any missed payments affect both credit scores.

Option 3: Sell Now and Split the Proceeds

Both spouses agree to sell, divide the net proceeds according to the divorce decree, and use the cash to fund their separate fresh starts. This is the cleanest exit.

How proceeds are divided: Texas community property law defaults to a 50/50 split, but courts can deviate based on fault, earning capacity, health, and children’s needs.

Selling During vs. After Divorce: What’s the Difference?

Selling While Divorce Is Pending

If you sell while the divorce is still in progress, you must:

1. Confirm Standing Order status for your county (see below)
2. Get written agreement from both spouses, or obtain a court order authorizing the sale
3. Have both spouses sign the purchase agreement and all closing documents
4. Arrange for proceeds to be held in neutral escrow or attorney trust account

A cash buyer can close faster than a traditional sale — eliminating the risk of a buyer’s financing falling through and reducing coordination touchpoints between estranged spouses.

Selling After Divorce Is Final

Once the divorce decree is entered, it will either specify that the home must be sold within a certain timeframe, award the home to one spouse (who must then refinance), or leave a co-ownership arrangement in place.

How a Cash Sale Works During a Divorce

A direct cash sale to Samidon Realty Group removes most of the friction points that stall traditional home sales during divorce:

• No repair debates. Traditional listings require both spouses to agree on what to fix and who pays. With a cash sale, we purchase the home as-is.
• No showings to coordinate. Cash buyers typically do a single walkthrough.
• No financing contingency. When a cash buyer makes an offer, that offer is certain.
• No 3–4 month wait. A traditional DFW listing takes 90–120 days. We can close in 7–21 days.
• Proceeds go directly to escrow. The title company disburses proceeds per the divorce agreement or court order. Neither spouse can access funds unilaterally.

The process, step by step:

1. One or both spouses contact us and describe the situation
2. We do a single, no-pressure walkthrough of the property
3. We present a written cash offer within 24–48 hours
4. Both spouses (or their attorneys) review and approve the offer
5. The title company handles all paperwork, coordinates with both attorneys
6. Both spouses sign closing documents (can be done separately)
7. The title company wires proceeds to a designated escrow or trust account

County-by-County Standing Order Reference for DFW

County	Standing Order?	Key Restriction	Cities Covered
Tarrant County	✓ Yes — automatic	Cannot sell, transfer, or encumber community property without agreement or court order	Colleyville, Fort Worth, Arlington, Keller, Southlake, Watauga, Grapevine, Bedford, Hurst, Euless
Dallas County	✓ Yes — automatic	Same as Tarrant	Dallas, Irving, Garland, Mesquite, Richardson
Collin County	✓ Yes — automatic	Same as Tarrant	Plano, Frisco, McKinney, Allen, Prosper
Denton County	✓ Yes — automatic	Same as Tarrant	Denton, Lewisville, Flower Mound, Coppell
Johnson County	✓ Yes — automatic	Same as Tarrant	Burleson, Cleburne, Mansfield (south)
Parker County	⚠ Varies	Check with local counsel	Weatherford

What Happens to the Sale Proceeds?

1. Mortgage payoff — the outstanding loan balance is paid first
2. Lien payoffs — any property tax liens, HOA liens, or other encumbrances
3. Closing costs — title fees, attorney fees directly related to the transaction
4. Attorney trust account or escrow — remaining proceeds go here pending final divorce decree

Tax note: In most cases, if both spouses lived in the home for at least 2 of the last 5 years, each may exclude up to $250,000 in capital gains. The combined exclusion for a married couple selling jointly is $500,000. Consult a tax professional for your specific situation.

Timeline: How Fast Can You Close?

Sale Method	Typical DFW Timeline	Notes
Traditional listing (both agree)	90–150 days	Requires repairs, showings, buyer financing
Traditional listing (conflict)	150–300+ days	Disagreements slow everything
Cash sale (attorneys ready)	7–21 days	Fastest exit, minimal coordination required
Court-ordered sale after partition	6–18 months	Last resort — both spouses pay attorney fees

Frequently Asked Questions