Texas Community Property and Selling a Home During Marriage

Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

In Texas, neither spouse can sell, convey or encumber the homestead without the other spouse’s signature, whether the homestead is separate or community property. That rule is in Family Code Sec. 5.001. The code also sets who manages community and separate property and has a court process for selling when a spouse has disappeared or abandoned the home.

Separate and community property

Separate property is what a spouse owned before marriage, received during marriage by gift, devise or descent, and personal injury recoveries other than loss of earning capacity (Family Code Sec. 3.001). Community property is anything else acquired by either spouse during marriage (Sec. 3.002). Property held by either spouse during or at the end of marriage is presumed community, and proving otherwise takes clear and convincing evidence (Sec. 3.003).

Who manages what

• Each spouse has sole management and control of that spouse’s separate property (Sec. 3.101).
• Each spouse has sole management of the community property they would have owned if single, such as personal earnings, revenue from separate property and personal injury recoveries (Sec. 3.102).
• Mixed community property and community property not under sole management is under joint management unless the spouses agree otherwise by written power of attorney or other agreement (Sec. 3.102).
• Property held in one spouse’s name is presumed to be under that spouse’s sole management, and a third person without fraud and without notice can rely on that authority (Sec. 3.104).

The homestead needs both signatures

Sec. 5.001 says that whether the homestead is separate or community property, neither spouse may sell, convey or encumber it without the other spouse’s joinder, except as provided in Chapter 5 or by other rules of law. We did not open the definition of homestead or how title companies document joinder, so ask your title company what it will need.

If a court has declared one spouse incapacitated, the competent spouse of a community homestead, or the owner of a separate-property homestead, can sell without the other spouse’s joinder (Secs. 5.002 and 5.003).

If a spouse is missing or has abandoned the home

A spouse can file a sworn petition to sell a homestead without the other spouse’s joinder if the other spouse has disappeared, has permanently abandoned the homestead or is reported as a prisoner of war or missing on public service (Secs. 5.101 and 5.102).

The petition goes to a court in the county where any part of the property is located, no earlier than the 60th day after the event, or six months after a POW or missing report (Sec. 5.103).

The court can appoint an attorney for the other spouse, and must for a POW or missing spouse. After notice and a hearing it issues an order it considers just and equitable, can add conditions or require a bond and can direct sale proceeds to the court registry (Secs. 5.104 and 5.106).

Recording

A schedule of separate real property is not constructive notice to a good-faith purchaser or creditor unless acknowledged and recorded in the deed records of the county where the property is located (Sec. 3.004). The same goes for a Subchapter D order affecting real property (Sec. 3.308). We did not review how divorce affects a sale or what happens when only one spouse is on the deed.

How to sell a house in Texas when spouses do not agree or one cannot sign

1. Ask the title company whether the homestead needs both spouses to sign, and talk to a family law attorney if a spouse cannot or will not.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.

Texas community property home sale FAQ

Can one spouse sell the family home in Texas?

Not the homestead. Neither spouse can sell, convey or encumber it without the other spouse's joinder, with limited exceptions (Family Code Sec. 5.001).

What if my spouse abandoned the home?

A spouse can file a sworn petition to sell without joinder if the other spouse disappeared or permanently abandoned the homestead (Secs. 5.101 and 5.102).

Is property bought during marriage community property?

Generally yes, if acquired by either spouse during marriage and not separate property (Secs. 3.002 and 3.003).

Does a separate property home still need both signatures?

If it is the homestead, yes (Sec. 5.001).

Sources

• Texas Family Code, Chapter 3 (Marital property rights and liabilities)
• Texas Family Code, Chapter 5 (The homestead)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.