Selling a House During a Divorce in San Antonio (2026)

By Chris Dudley, San Antonio REALTOR® and founder of Legacy Realty Group, brokered by Real Broker, LLC (TREC #731381). Updated October 2026.

When a marriage ends, the house is often the biggest shared asset. In Texas, what happens to it depends on whether it is community or separate property, what the spouses agree to, and what the court orders. This page explains the basics and how a home sale works in that situation. It is general information, not legal advice; each spouse should talk with their own family law attorney.

Community vs. separate property in Texas

Property bought during the marriage is presumed to be community property, even if only one spouse is on the deed.
Separate property includes property owned before the marriage, received by gift or inheritance, or bought with separate funds. A spouse claiming separate property must prove it with clear and convincing evidence.
Community property must be divided; separate property cannot be awarded to the other spouse.

(TexasLawHelp.org)

Bexar County standing orders

Bexar County uses a standing order that applies automatically when a divorce is filed. Standing orders are meant to keep things as they are, including real property like the house, until a judge can rule. Before listing a home during a pending divorce, both spouses should confirm with their attorneys what the order and any temporary orders allow. (TexasLawHelp.org)

The three common options

Sell and split the proceeds. Both spouses sign the listing agreement and the closing documents.
One spouse keeps the house and buys out the other, often by refinancing, or by trading other assets of similar value.
One spouse stays and takes on the debt, with a deadline in the decree to refinance and remove the other spouse from the loan.

If the spouses can't agree, the judge may order a sale or award the home to one spouse. Moving out during the divorce does not by itself give up your rights to the home.

If one spouse keeps the house

The spouse giving up the house signs a Special Warranty Deed, which is filed with the County Clerk.
A court can't force a lender to approve a refinance, so the decree should set a deadline. A Deed of Trust to Secure Assumption can protect the departing spouse until the refinance closes.

(TexasLawHelp.org)

How a sale works when spouses are divorcing

One plan, in writing: list price, who approves price changes, who pays for repairs and the mortgage until closing.
A neutral agent: the listing agent communicates the same information to both spouses (or both attorneys) at the same time.
A market analysis both sides can rely on: pricing from recent SABOR MLS sales, or a formal appraisal if the attorneys want one.
The title company holds the proceeds and pays them out as the decree or agreement directs.

Frequently asked questions

Can I sell my house during a divorce in Texas?

Often yes, if both spouses agree or the court orders it, and the sale fits any standing or temporary orders. Both spouses typically sign the closing documents. Check with your attorney first.

Is the house community property if only my name is on the deed?

It can be. In Texas, property bought during the marriage is presumed to be community property even if only one spouse is on the deed, unless separate funds were used and can be proven.

Does Bexar County have a divorce standing order?

Yes. Bexar County requires a standing order with divorce filings; it is meant to keep property as it is until a judge rules.

What happens to the mortgage if my spouse keeps the house?

Usually the spouse who keeps it must refinance to remove the other spouse from the loan, by a deadline set in the decree.

Should we sell before or after the divorce is final?

It depends on the orders in your case, the market and your finances. Ask your attorneys; a local agent can provide the pricing information both sides need.

A calm, neutral sale

Chris Dudley, San Antonio REALTOR® with Legacy Realty Group, brokered by Real Broker, LLC, can provide a market analysis for both parties and run a clear, even-handed sale that works with your attorneys and title company. Call (210) 838-6099 (Mon-Sat, 9 AM-6 PM).