Divorce or a Life Change
When a marriage ends, the land or the house is often the last thing left to settle. Neither of you wants to keep it, neither wants to keep paying on it, and neither wants it dragging out for another six months while it sits on the market.
We buy property in these situations regularly, and we keep it quiet and simple. Below is a plain explanation of how these sales work in Texas so you know what to expect, whether you sell to us or to anyone else.
Texas is a community property state. Anything acquired during the marriage is presumed to belong to both of you. Property one spouse owned before the marriage, or received during the marriage as a gift or an inheritance, is separate property and stays with that spouse.
Two things surprise people about this. First, Texas courts do not automatically split community property down the middle. The standard is a division that is just and right, which is often close to even but does not have to be. Second, a court cannot take one spouse's separate property and hand it to the other.
The catch is proof. If a tract came to you from your parents during the marriage, it is separate property, but you have to be able to show it, and years of shared money going into taxes or improvements can create reimbursement claims. Keep the deed, the will, and the records.
Usually yes, but not on your own. When a divorce is filed, many Texas counties apply standing orders that restrict selling, transferring, or borrowing against property while the case is open. Some courts also enter temporary orders that address the property specifically.
None of that blocks a sale both of you want. It means the sale needs to be agreed, or approved by the court, rather than done by one spouse alone. Your attorney will tell you which applies in your county. Texas also has a waiting period of at least 60 days after filing before a divorce can be finalized, and a lot of couples use that stretch to get the property handled so it is not still hanging over the final decree.
Signing does not mean sitting in a room together. Title companies handle split signings all the time, at different offices, on different days, in different cities. If you would rather not be in the same building, say so up front and it will be arranged.
However the two of you agree, or however the court orders. At closing, the title company can disburse separately to each spouse, so the proceeds never pass through one person's account and nobody has to trust the other to forward a check. If the decree is not final yet, proceeds can also be held until it is.
Any mortgage, back taxes, or liens on the property are paid off out of the sale first, which is often the real goal. It stops the monthly bleed on something neither of you is using.
Selling is not the only ending. If one spouse wants the property, the usual path is a buyout, where that spouse pays the other for their share and takes title alone. On a place with a mortgage, that normally means refinancing, because a divorce decree does not remove anyone from a loan. The lender is not a party to your divorce and will keep both names on the note until the loan is refinanced or paid off. That surprises a lot of people a year later when a late payment shows up on their credit.
Texas has a tool built for this called an owelty of partition lien. In plain terms, it lets the spouse keeping a homestead borrow against the full value of the property in order to pay the other spouse their share at closing, which is otherwise hard to do under Texas homestead lending rules. It has to be set up correctly in the decree and the deed, so it is worth asking your attorney about early rather than after the fact.
Where a buyout usually falls apart is bare land in a county nobody lives in. Neither person wants to keep paying taxes on it, and no lender is eager to finance it. That is the case we see most.
Listing with an agent can work well when both people are cooperative and patient. Divorce is often short on both. A listing means agreeing on a price, agreeing on a real estate agent, keeping the property presentable, coordinating showings, waiting on a buyer's financing, and then agreeing all over again when someone asks for repairs. Every one of those steps is another chance to argue.
A direct sale removes most of that. One price, as is, no showings, no strangers walking the property, no repairs, no commission, and we pay the closing costs. It is also private. There is no sign in the yard and no listing for the neighbors to see.
We are a local East Texas family buying with our own funds, not agents and not a national call center. We have been doing this since 1993, and we can move at whatever speed your case allows.
Cole, Greg, Lori, Hannah, and Ryder 🐾
You Deal Directly With Us
Cohan Properties is owned and run by a local East Texas family. We bought our first property in 1993 and formed Cohan Properties LLC in 2004. We are not agents, and we are not a faceless national company.
We will not push, and we will not take sides. If the timing is not right, we will tell you that too. Every offer and every decision comes from us, and we stand behind it.
Common Questions
Often yes, but not unilaterally. Many Texas counties put standing orders in place when a divorce is filed that restrict selling or transferring property. With both spouses in agreement, or with the court's approval, a sale can usually go forward. Your attorney will know what your county requires.
For community property, yes, and for a homestead both spouses must join in the conveyance even if only one name is on the deed. If the land is one spouse's separate property, that spouse can usually sell it alone, though the title company will want proof it is separate.
No. Property received by gift or inheritance is separate property in Texas, even if it came to you while you were married. Proving it is separate takes documentation, and mixing funds over the years can create reimbursement claims, so keep the paperwork.
However the two of you agree, or however the court orders. The title company can disburse to each spouse separately at closing, so the money does not have to pass through one person's hands. Proceeds can also be held until the decree is final.
No. Split signings are routine. You can sign at different offices, on different days, in different cities. Tell us up front and we will set it up that way.
We make a cash offer within 48 hours and can usually close in a few weeks through a local title company, subject to your divorce timeline and any court approvals. No showings, no listings, no repairs.
This page is general information about how these sales usually work in Texas, not legal advice, and every case is different. Talk with your family law attorney before you sign anything. Here is how to check that we are real
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Divorce or a life change
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