Selling a House During Divorce:
Legal Guide by State (2026)

Yes, in most cases. While a judge can't literally force you to sign papers, they can order the sale and appoint someone to sign on your behalf if you refuse. In equitable distribution states, courts have broad authority to order property sold and proceeds divided. Even in community property states, if spouses can't agree, the court can order a sale. Refusing a court order can result in contempt charges.

Your spouse likely still has rights. If the property was acquired during marriage, it's probably marital property regardless of whose name is on the deed. In community property states (like Texas), it's presumed 50/50. In equitable distribution states, the non-titled spouse has a claim. The only exception: property owned before marriage or received as inheritance/gift (separate property). Don't assume you can sell without your spouse's agreement during divorce.

It depends on your temporary orders. Until the divorce is final, the court may order: (1) the spouse living in the home pays, (2) both continue paying as before, or (3) payments come from a joint account. If no order exists, you're both still legally responsible for the debt. Missing payments hurts both parties' credit. This is another reason to sell quickly—eliminate the ongoing mortgage obligation.

Temporarily, yes. When divorce is filed, most courts issue automatic temporary restraining orders (ATROs) preventing either spouse from selling, transferring, or encumbering marital property without consent or court permission. However, if both agree to sell, you can proceed. If your spouse unreasonably blocks a sale, you can file a motion asking the court to authorize the sale.

Not necessarily. In community property states, 50/50 is the starting point but can be adjusted. In equitable distribution states, courts consider many factors: length of marriage, each spouse's income and earning potential, child custody arrangements, contributions to the marriage (including homemaking), and fault (in some states). You can also agree to any split in your settlement agreement.

If you're "underwater," options include: (1) Short sale—sell for less than owed with lender approval (damages credit less than foreclosure), (2) One spouse keeps home and debt (rarely advisable), (3) Deed in lieu—give house back to lender, (4) Continue paying until equity builds. The negative equity is considered a marital debt to be divided. Neither spouse can walk away without consequences to their credit and potential deficiency liability.

It's complicated. A home purchased before divorce is final may be considered marital property—meaning your spouse could have a claim. Additionally, mortgage lenders may have difficulty approving you while you're still on the marital home's mortgage (debt-to-income ratio issues). Most attorneys recommend waiting until after the divorce is final. If you must buy sooner, consult your divorce attorney and get a prenuptial-style agreement for the new property.