My Spouse Damaged the House During Our Divorce — Texas Waste Claims and What You Can Do

Bottom line up front: Marital waste in Texas is the deliberate dissipation or destruction of community property — including the marital home — by one spouse during or in anticipation of divorce. Texas courts take waste seriously. If your spouse damaged the home, removed fixtures, allowed it to deteriorate, or deliberately undermined its value, you can pursue a waste claim that adjusts the final settlement to compensate you for the lost equity. The key is documentation — and starting it immediately.

By Zareena Samidon | Samidon Realty Group | Colleyville, TX

Table of Contents

1. What Is Marital Waste Under Texas Law?
2. What Counts as Waste — and What Doesn't
3. Documenting the Damage — What You Need
4. How Texas Courts Handle Waste Claims
5. Deliberate Delays as a Form of Waste
6. What to Do Immediately If You Suspect Damage
7. Why Cash Buyers Purchase Damaged Properties
8. Frequently Asked Questions

What Is Marital Waste Under Texas Law? {#marital-waste}

Marital waste — sometimes called "dissipation" — is the deliberate destruction, depletion, or neglect of community property by one spouse during or in anticipation of divorce. Under the Texas Family Code, courts are authorized to consider waste when making the final property division, and can award the innocent spouse a disproportionately larger share of the remaining community estate to compensate for the value lost.

The definition is broader than physical damage. Marital waste includes:

• Physical destruction of the home (broken windows, removed fixtures, hole punching)
• Deliberate neglect that accelerates deterioration (allowing a known roof leak to worsen)
• Stripping the home of appliances, fixtures, or improvements that belong to the marital estate
• Allowing homeowner's insurance to lapse, exposing the property to uninsured risk
• Taking out unauthorized liens against the property
• Renting the home without the other spouse's knowledge and keeping the rental income

The legal standard: To prevail on a waste claim in Texas, the claiming spouse must prove by a preponderance of the evidence that: (1) the waste occurred, (2) the other spouse caused it, and (3) the waste resulted in a quantifiable reduction in the marital estate's value.

What Counts as Waste — and What Doesn't {#counts-as-waste}

The distinction courts draw is between deliberate acts that reduce value versus normal use, disagreement, and the natural aging of the property. Proving intent isn't always required — severe neglect can constitute waste even without direct evidence of deliberate intent — but documented patterns of behavior are far more persuasive.

Documenting the Damage — What You Need {#documenting}

Documentation is everything in a waste claim. Without it, the waste allegation is your word against your spouse's. With it, the claim becomes a factual record a court can evaluate.

Document the condition at the start of the divorce:

Take a full video walkthrough of every room, all appliances, all systems (HVAC, water heater, electrical panel), the garage, and the exterior. Date-stamp the footage. Upload it to a cloud storage account your spouse doesn't have access to. This establishes baseline condition.

Document changes as they occur:

• Dated photos and video of any new damage
• Written notes with dates, describing what you observed and when
• Texts or emails from your spouse that reference or acknowledge the damage
• Neighbor statements if damage was visible from outside
• Contractor estimates for repair (get at least two licensed contractors)

Document the value impact:

The waste claim requires a dollar figure. You need:

• An appraisal or CMA reflecting the home's value before the damage
• An appraisal or repair estimate reflecting the reduction caused by the damage
• Repair estimates from licensed contractors (the cost to restore the home to pre-damage condition)

The formula courts use:

Value before waste − Value after waste = Waste amount

Or: Cost to repair the damage = Waste amount (used when pre-and-post appraisals aren't available)

How Texas Courts Handle Waste Claims {#courts-handle}

Texas courts cannot undo physical damage. What they can do is adjust the division of the remaining marital estate to compensate the innocent spouse.

The remedy: The innocent spouse is awarded a disproportionately larger share of the remaining community property — retirement accounts, vehicles, savings, business interests — equal in value to the waste amount.

Example:

Home value before waste: $360,000 Damage caused by spouse: estimated at $25,000 Remaining equity after mortgage payoff and damage discount: $120,000

Without waste claim: each spouse receives $60,000. With waste claim: the wasting spouse's share is reduced by $25,000 (the damage they caused). The innocent spouse receives $60,000 + $12,500 = $72,500. The wasting spouse receives $60,000 − $12,500 = $47,500.

The exact calculation depends on the total community estate — the court often satisfies the waste claim from other assets rather than solely from the home proceeds.

Timeline: Waste claims are resolved in the final divorce hearing. Start documenting now — not after the decree is entered.

Evidentiary burden: Clear documentation (dated photos, contractor estimates, appraisals) is dramatically more persuasive than oral testimony alone. Courts see self-serving testimony from both sides in every contested case; documentation stands apart.

Deliberate Delays as a Form of Waste {#delay-as-waste}

Physical damage is the most visible form of waste — but deliberate delay in the sale process is a form of financial waste that Texas courts increasingly recognize.

Every month a spouse intentionally delays the sale of the marital home, both parties pay $2,650–$5,550 in carrying costs. If the delay is manufactured — refusing to sign documents, not responding to attorneys, canceling closings without cause — the delaying spouse is effectively depleting the marital estate at the other spouse's expense.

Documenting deliberate delay:

• Emails and letters showing your attorney made requests that went unanswered for weeks
• Signed document deadlines your spouse missed without legitimate reason
• Canceled appointments or walkthroughs (with dates and circumstances)
• Showing appointment refusals (with your agent's written records)
• Cash buyer offers your spouse rejected without stated reason or counter

Legal remedies for deliberate delay:

• Motion to compel: Your attorney files a motion asking the court to order your spouse to cooperate with the sale process within a specified timeframe. In Tarrant and Dallas County family courts, hearings on motions to compel are typically scheduled within 3–6 weeks.

• Contempt of court: If a court order to sell exists and your spouse is violating it, a contempt filing is available. Courts take contempt seriously — consequences can include fines and, in egregious cases, incarceration.

• Appointment of a receiver: A court-appointed receiver takes over management and sale of the property entirely, removing both spouses' decision-making authority. Cost: $200–$500/month.

• Waste adjustment in the final settlement: Courts can compensate the innocent spouse for carrying costs attributable to the other spouse's bad-faith delay.

What to Do Immediately If You Suspect Damage {#immediate-steps}

Step 1: Document immediately. Take dated photos and video today. Don't wait. Once the damage is repaired or the home is sold, the evidence is gone.

Step 2: Get repair estimates. Contact two licensed contractors for written repair estimates. This quantifies the waste claim and establishes the dollar impact.

Step 3: Notify your divorce attorney. Bring your documentation to your attorney immediately. A motion for property protection order or temporary restraining order (TRO) may be available to prevent further damage.

Step 4: Notify your homeowner's insurance carrier. Sudden accidental damage may be covered. Intentional acts by an insured are typically excluded — but report it and let the insurer investigate. Get a claim number.

Step 5: Request an emergency court order if damage is ongoing. If your spouse has access to the home and is actively causing damage, an emergency TRO can be filed and heard within 48–72 hours in most DFW family courts. This is the fastest legal protection available.

Step 6: Document your own maintenance. Keep records of every repair and maintenance task you performed and paid for during the divorce. These support reimbursement claims and contrast with the wasting spouse's behavior.

Why Cash Buyers Purchase Damaged Properties {#cash-buyers-damaged}

When the home has been damaged, a traditional listing becomes difficult or impossible. Financed buyers require homes to meet lender appraisal conditions. Homes with significant damage — broken windows, water intrusion, damaged drywall, missing appliances — do not appraise at retail value and often cannot secure buyer financing at all.

Cash investors purchase homes in any condition. Damage that makes a home unsaleable to a retail buyer is simply factored into the offer price. The investor buys the home, completes the renovation, and resells it. Both spouses receive cash at closing, the mortgage is paid off, and the legal entanglement ends — even if the home is not in saleable condition.

On a damaged DFW home that would otherwise sit on the market for 90–180 days while both spouses pay carrying costs and argue about repair responsibility, a cash sale in 14–21 days often produces better net proceeds than a retail sale after months of conflict.

Frequently Asked Questions {#faq}

Can I get a restraining order to prevent my spouse from damaging the home?

Yes. A Temporary Restraining Order (TRO) can prohibit your spouse from entering the property or causing further damage. Your attorney can file this on an emergency basis — hearings can typically be obtained within 48–72 hours in Tarrant and Dallas County family courts. Document all existing damage before filing so the TRO is grounded in specific factual evidence.

What if insurance won't cover intentional damage by my spouse?

Most standard homeowner's insurance policies exclude intentional acts by insureds. If your spouse intentionally damaged the home, the insurance path is likely closed. Your remedy is the marital waste claim in the divorce proceeding — the court adjusts the final asset division to compensate you from other community property.

Can we still sell a damaged house during divorce?

Yes. Cash investors purchase homes in any condition. The sale price reflects the damage, but you can close on a damaged property in 7–21 days with a cash buyer. The proceeds pay off the mortgage and any liens; the remainder is split per your agreement or court order. A damaged home does not prevent a sale — it just affects the price.

Does waste from before the divorce filing count?

Potentially. If one spouse dissipated marital assets — including damaging or neglecting the home — in anticipation of divorce (which courts interpret broadly), that waste may be considered even if it occurred before the formal filing date. The key is documenting when it occurred and establishing that it was connected to the marital breakdown.

Related Articles:

• Texas Divorce Home Sale Hub
• What If My Spouse Won't Agree to Sell?
• How to Sell When Communication Is Hostile
• Selling Your House During Divorce: The Complete DFW Guide