Metroplex Homebuyers

Divorce buyout vs selling the house

Side by side

Who keeps the house Selling the house Neither spouse. Both move on. One spouse buys out the other One spouse keeps it and pays the other for their share.
The mortgage Selling the house Paid off at closing from the sale. One spouse buys out the other Usually refinanced into the keeping spouse’s name, which takes qualifying alone on income and credit.
Ongoing liability Selling the house Ends at closing for both spouses. One spouse buys out the other If the loan is not refinanced, the spouse who leaves can stay liable for it even after signing over the deed.
Cash needed Selling the house None. Each spouse receives their share of the proceeds. One spouse buys out the other Enough to pay the other spouse’s share, often borrowed through a cash-out refinance.
Agreement needed Selling the house Both spouses sign, or the court orders the sale. One spouse buys out the other Agreement on the value of the house and the amount of the buyout.
Timing Selling the house As little as 7 days with a cash sale, or timed to the decree. One spouse buys out the other Depends on the refinance, often 30 to 45 days after the terms are set.

How a buyout works in Texas

Texas is a community property state, so a house bought during the marriage is usually divided in the divorce. In a buyout, the spouses agree on what the house is worth, subtract the mortgage balance, and the keeping spouse pays the other their share of that equity.

The payment is usually funded by refinancing. Texas allows a special lien, called an owelty lien, so a lender can include the buyout amount in the new loan on a homestead. The lender and title company handle the paperwork, and the spouse who leaves signs the house over at closing.

Why a buyout can go wrong

The most common problem is the mortgage. Signing the deed over does not remove a spouse from the loan. If the keeping spouse cannot refinance and the old loan stays in place, the spouse who left can still be on the hook for payments they no longer control, and a missed payment can affect their credit.

A buyout also depends on agreeing on a value. When spouses disagree, an appraisal can help, but it adds time and another cost.

When selling makes more sense

Selling tends to fit when neither spouse can qualify for the mortgage alone, when the house needs repairs neither wants to pay for, or when both simply want the shared obligations to end. A sale pays off the loan, splits what is left, and leaves no lingering ties to the property.

When we buy, we can talk with both spouses or with their attorneys, buy the house as-is so neither spouse pays for repairs, and help with the logistics: moving help, a leaseback if someone needs time to relocate, and in some cases an advance on proceeds. We work with whichever spouse contacts us, and with both when they are willing, to bridge disagreements, but we cannot force either spouse to sell.

Ann S.

on Facebook

Facebook

Recommends Metroplex Homebuyers

Metroplex Homebuyers were great to work with. They showed up on time and did exactly what they said they would do. Everyone I dealt with was great and I would definitely recommend them if you are ready to sell your home.

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Common questions

Can we sell the house before the divorce is final?

Often, yes, if both spouses agree and sign. If a court order or temporary orders apply to the house, the sale has to follow them.

What if my spouse will not agree to sell?

We can talk with both of you, or with your attorneys, to look for terms that work. We cannot force a sale, but a court can order one as part of the divorce.

Does the spouse who signs over the deed stay on the mortgage?

Yes, unless the loan is refinanced or paid off. Signing a deed transfers ownership, not responsibility for the loan.

Can you buy the house if it needs repairs?

Yes. We buy as-is, so neither spouse has to pay for repairs or a cleanout before closing.

How are the proceeds split?

Usually as the divorce decree or your written agreement directs. The title company can pay each spouse their share at closing.

Homeowners who sold to us

A family-owned DFW buyer since 2011. Read every review →

David R.

on Google

Google

Metroplex Homebuyers gave us the best price for the house we sold, and honored everything they said they would. In addition, their sales agreement was clear and straightforward. All the staff I dealt with were courteous, professional, and helpful, and the title company they work with was very much the same. Overall, this was a very good experience.

Response from Metroplex Homebuyers

Thank you so much David, we really do appreciate it!

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Obie A.

on Google

Google

Brandon at Metroplex homebuyers was absolutely great throughly the entire process. I would defiantly recommend him and his team to anyone looking to buy or sell their home. Simple, fast, easy, and they gave us the most for our house.

Response from Metroplex Homebuyers

Thank you Obie! We were glad to help you out!

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Michelle I.

on Facebook

Facebook

Recommends Metroplex Homebuyers

Metroplex Homebuyers made selling my house an extremely easy and worry-free process! Josh came out quickly and made me a great offer on the spot! By the next day, Brandon had contacted me and was in touch with the title company to ensure that the closing went smoothly. Every time I had a question (and I had LOTS of questions) they answered promptly and thoroughly. They were friendly and appreciative of my business! The title company they work with was also wonderful. A notary even came to my house to make my life easier. The house was paid off and money was in my account the next day! I highly recommend this company to anyone that wants to sell their house quickly and for a great price.

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See what a sale would leave each of you

Enter your address and someone on our team will reach out. We are glad to speak with both spouses. Or call us at (972) 487-7653.