Divorce. When we first fall in love we can’t imagine a marriage ending in divorce, but it’s also sadly a common reality. The American Psychological Association puts the rate of divorce for citizens of the United States at approximately 40 to 50% for first marriages. But what happens to shared assets, such as real estate, when a marriage ends? Do you have to split all assets 50/50?

Can You Divorce Without Selling the House?

When deciding whether to keep or sell a home during a divorce in Lubbock, Texas, understanding your options is critical. A key first step is notifying your attorney and the Court of when the property was acquired. This information is essential in determining if the home qualifies as marital property to be divided, or if it’s considered separate and exempt from the asset division process.

If the Court determines that a property is classified as ‘separate property’—such as being acquired before the marriage, received as a gift or inheritance, or purchased with non-marital funds—the other spouse generally has no claim to it, whether in community property or equitable distribution states. However, exceptions can apply, particularly if improvements were made that boosted the property’s value. To determine whether a home qualifies as separate or marital property, it’s best to consult with a legal expert.

A court will look at several factors to decide who gets the house, including:

The value of the property.

The financial circumstances of each partner.

The employability of each partner.

Both physical and monetary contributions to the marital home.

The age and physical and mental health of each partner.

The amount of time each partner will have custody of the children.

Who Gets The House In A Divorce?

During a divorce in Texas, the division of assets is governed by state law, which plays a major role in how marital property is split. Most states follow equitable distribution guidelines, meaning the Court aims for a fair—not always equal—division. Judges consider various factors, such as each spouse’s financial and non-financial contributions, including caregiving and child-rearing responsibilities.

Nine states—Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin—operate under community property laws. Alaska also allows this system if both spouses agree to it. In these states, most assets acquired during the marriage are considered jointly owned and are generally divided equally in the event of a divorce, with limited exceptions.

When determining what to do with the marital home during a divorce, there are several paths you can take—ranging from selling the property to one spouse choosing to retain ownership.

One of the spouses buys out the other legal interest and keeps the home

If you live in a community property state, marital assets—including your home—are typically divided 50/50. But that doesn’t automatically mean you’ll have to sell the house. You may be able to negotiate a buyout, paying your spouse for their share of the home’s value. To move forward with this option, you’ll also need to transfer the title into your name alone within the timeframe specified by the Court following the divorce decree.

One spouse keeps use and occupancy of the home for a specified period; typically when the youngest child turns eighteen, then the house can be sold.

In several states, the parent granted custody of minor children may be allowed to remain in the home until the youngest child turns eighteen. Depending on the Court’s ruling, that parent may or may not be responsible for covering expenses such as the mortgage, utilities, and insurance during this period. Once all children reach adulthood, the home may then be sold and the proceeds divided between both spouses.

Co-own the home

Divorce doesn’t have to turn into a financial or emotional battle. In some cases, continuing to co-own the home may be the most stable solution for the family, especially when children are involved. For example, both spouses could remain on the mortgage to minimize disruption and keep the children in a familiar environment. Take a situation where the husband is the primary income earner and the wife, as a full-time caregiver, lacks the financial resources or work history to buy out his share of the home. In such cases, co-ownership can provide a practical and compassionate alternative.

While co-owning the home post-divorce can offer stability—especially for children—it also comes with risks. The spouse who moves out must trust that their former partner will consistently make mortgage payments on time. If payments are missed, it could negatively impact both parties’ credit scores.

The house is sold immediately and any equity is split up

In many cases, selling the home is the most straightforward option during a divorce. You and your spouse agree on a listing price, the home is sold, and the proceeds are divided either equally or according to the Court’s decision. Depending on your local market, this process can be quick—or it might take time. If the home needs major repairs, the market is slow, or there are liens on the title, a traditional sale might not be practical. In these situations, selling directly to an investor or homebuyer can offer a faster, hassle-free solution that allows you both to move forward.

Compare: Steps to Sell a Home During Divorce

Selling your house in a traditional sale will take a lot of your time and emotions, considering the steps you will have to take:

All of these steps cause a lot of emotional damage to people that just want to sell the house fast to move on with their lives and leave past in the past. Don’t you agree?

YOU CAN SIMPLY…

Sell Your House AS-IS to A Cash Buyer

Feeling stuck in a situation where communication with your ex isn’t possible—or simply too painful? Ready to close this chapter and start fresh? If the stress of divorce is taking its toll and a quick, hassle-free sale of your marital home sounds like the best path forward, selling to a direct cash homebuyer or investor could be the solution you need.

Investors and direct homebuyers offer a straightforward solution by purchasing properties in any condition, regardless of the owner’s financial or marital situation. They specialize in fast closings, helping homeowners move on more quickly than with a traditional sale. Since they buy homes as-is, there’s no need to worry about repairs or renovations. For divorcing couples facing emotional and financial strain, this can be the ideal path forward—offering a fair cash offer, a quick closing, and the ability to avoid drawn-out negotiations through attorneys or shared agents.

Selling Your House During A Divorce? Contact Us For Your Cash Offer Today!

Electrum is a trusted local home-buying company known for purchasing houses in any condition—regardless of the homeowner’s financial or personal situation. We offer fair, competitive cash offers without the delays, commissions, or complications of traditional sales. If you’re looking for a simple, stress-free way to sell your home, we’re here to help. Call us anytime at 806-630-0875 to get started. We’re known for fast closings, fewer fees, and a smoother experience from start to finish.

Going through a divorce and need to sell your property quickly? We’ve got you covered. Reach out today to receive a competitive cash offer on your home or rental property—regardless of its condition or your financial situation. Whether the house has been neglected, damaged, or just needs too many repairs, once you accept our fair offer, we’ll take care of everything. No repairs, no renovations, no stress. Our goal is to make selling your home during a divorce as smooth and hassle-free as possible.”