Should we sell the house or should one of us buy out the other?

In most cases, yes — both names on the deed typically need to sign off on a sale unless a court order or divorce decree grants one spouse sole authority. Confirm your specific situation with your family law attorney before listing.

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.

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.