Divorce. It’s a word no one imagines will be part of their story when a marriage begins—but for many, it becomes a difficult reality. According to the American Psychological Association, nearly 40 to 50% of first marriages in the U.S. end in divorce. When couples part ways, one of the biggest questions becomes: what happens to shared property like the family home? Is it always divided equally down the middle? The answer depends on several factors, including your state’s laws and the specifics of your divorce agreement.

Can You Divorce Without Selling the House?

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

If the Court classifies a property as ‘separate property’—meaning it was acquired before marriage, received as a gift or inheritance, or purchased with non-marital funds—the other spouse typically has no claim to it, regardless of whether you live in a community property or equitable distribution state. However, exceptions may apply, especially if improvements were made that increased the property’s value. For clarity on whether your home qualifies as separate or marital property, consulting with a legal expert is highly recommended.

When determining who gets the house, courts examine several key factors, including:

The current market value of the property.

Each partner’s financial situation and stability.

The employment status and earning potential of each spouse.

Both physical maintenance and financial contributions to the marital home.

The age and overall physical and mental wellbeing of each partner.

The custody arrangement and how much time each parent will spend with the children.

WE ARE #1 TRUSTED HOME BUYERS

SELL YOUR HOUSE FAST & FOR CASH

We sympathize witih your situations and we want to help you. Call us today and get a cash offer in less than 24 hours.

Who Gets The House In A Divorce?

In Texas, the division of assets during divorce is determined by state law. Most states use an equitable distribution model, which focuses on dividing property fairly—though not always equally. Courts look at a range of factors, including each spouse’s income, contributions to the household (both financial and non-financial), and other responsibilities that supported the marriage.

However, nine states—Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin—follow community property laws, where most assets gained during the marriage are considered jointly owned and typically split 50/50. Alaska also allows this approach if both parties agree to it.

When it comes to the marital home, divorcing couples have multiple paths to consider. You might choose to sell the property and divide the proceeds, or one spouse may retain ownership through a buyout or court arrangement—depending on what’s best for your situation.

One spouse buys out the other’s legal interest and keeps the home

In community property states, assets acquired during the marriage—such as your home—are generally split 50/50. However, this doesn’t always mean the house must be sold. One common option is a buyout, where one spouse compensates the other for their portion of the home’s equity. If this route is chosen, the title must be legally transferred into the buying spouse’s name, typically within a court-ordered timeframe outlined in the divorce decree.

One spouse maintains use and occupancy of the home for a specified period; typically until the youngest child turns eighteen, after which the house can be sold

In many jurisdictions, the parent awarded primary custody of the minor children may be granted the right to remain in the family residence until the youngest child reaches the age of eighteen. Throughout this period, the court may determine which party—or whether both—will be responsible for covering ongoing costs like the mortgage, utility bills, and homeowners insurance. After all children become legal adults, the home is generally sold, with the profits divided between the ex-spouses in accordance with the terms outlined in the divorce settlement.

Co-own the home

Divorce doesn’t have to lead to financial strain or emotional conflict. In some cases, continuing to co-own the family home can offer a sense of stability, particularly when children are involved. For instance, both spouses might agree to remain on the mortgage to avoid uprooting the kids and to maintain their sense of normalcy. Imagine a situation where the husband is the primary breadwinner and the wife, having been a stay-at-home parent, doesn’t yet have the income or credit to refinance or purchase his share. In these circumstances, co-ownership can serve as a balanced and compassionate option.

However, while this arrangement may support family continuity, it’s not without its risks. The spouse who moves out must rely on the other to stay current on mortgage payments. If payments are missed, both parties could suffer damage to their credit, regardless of who’s actually living in the home.

The house is sold immediately and any equity is divided

In many divorces, selling the home outright is often the most straightforward path. Both spouses agree on a sale price, the property is listed, and once it sells, the proceeds are split—either evenly or based on the court’s decision. Depending on current market conditions, the sale could happen quickly or stretch out over several months. If the home requires major repairs, the market is sluggish, or there are existing liens on the title, a traditional sale might not be the best option. In these cases, working with a cash buyer like Electrum Properties can offer a much faster, stress-free alternative—allowing both parties to move on without added complications.

Compare: Steps to Sell a Home During Divorce

Selling your house through a traditional sale during divorce can be emotionally draining and time-consuming, considering all the steps required:

These steps often cause significant emotional stress for people who simply want to sell quickly, move forward with their lives, and leave the past behind. Don’t you deserve a simpler solution?

INSTEAD, YOU CAN SIMPLY…

Sell Your House AS-IS to A Cash Buyer

Struggling to communicate with your ex or feeling emotionally drained by the divorce process? If you’re ready to move on and need a fast, stress-free way to sell your marital home, working with a direct cash buyer like Electrum Properties could be exactly what you need to turn the page.

At Electrum Properties, we buy homes in any condition—no matter the circumstances surrounding your divorce or finances. Our process is simple: no repairs, no agent fees, and no waiting. We provide fair, all-cash offers with quick closings, allowing you to avoid drawn-out negotiations with attorneys or real estate agents. For couples going through a difficult separation, our solution makes it easier to part ways and start fresh, without the extra burden of a complicated home sale.

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

Electrum is a reliable local home buyer dedicated to making the selling process easy—no matter your situation or the condition of your property. We provide straightforward, competitive cash offers with no agent fees, hidden costs, or long waiting periods. If you’re looking for a fast, hassle-free way to sell your home, we’re here to help you take the next step toward freedom. Reach out anytime at 806-630-0875 to get started. Known for quick closings, low fees, and a smooth, transparent process, we focus on creating solutions that benefit both homeowners and the community.

Going through a divorce and need to sell your home fast? Electrum Properties is here to help. We specialize in providing real estate solutions for homeowners facing tough situations—just like yours. Reach out today for a no-obligation cash offer, no matter the condition of your property. Whether your home needs major repairs, has been sitting vacant, or simply holds too many memories, we’ll take care of everything once you accept our fair offer. No fixes, no clean-up, no stress. Our goal is to make the selling process during divorce as simple and painless as possible—so you can focus on moving forward.