Do both spouses have to agree to sell the house in a Texas divorce?

Most property acquired during the marriage is treated as community property in Texas, regardless of whose name is on the deed, with exceptions for property owned before the marriage or received individually as a gift or inheritance. Whether a specific property qualifies, and how any separate-property equity gets credited, is a legal determination for your attorney.

It depends on whether either spouse wants to keep the home and can independently qualify to refinance the mortgage. A buyout requires an independent appraisal to set a fair value; if a buyout isn't financially realistic, selling and splitting the proceeds is usually the more honest path forward.

Get an independent, professional valuation and agree on the agent and pricing strategy together in one conversation, upfront. This removes the personal disagreement from the number itself and gives both parties the same starting facts to work from.

This is typically addressed in the divorce settlement or agreed upon directly between spouses before listing — there's no universal rule. Getting this settled before work begins, rather than after costs are incurred, avoids a common source of post-hoc disputes.