How Do I Sell My House During a Divorce in Frisco, TX?

Kaitlin Lovern, North Dallas Realtor

Frisco Divorce & Real Estate

How Do I Sell My House During a Divorce in Frisco, TX?

In a Frisco divorce, a neutral third party prices the home from real comparable sales, coordinates showings equally between both spouses, and manages the sale to closing, typically within the same 7 to 8 percent in standard Texas sale costs as any other listing, while Collin County courts apply the state’s “just and right” property division standard to the proceeds.

By Kaitlin Lovern· July 2026· 10 min read· Updated for 2026
Kaitlin Lovern, North Dallas REALTOR, in a white dress at a home's front door, serving Frisco, TX
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If you are selling a Frisco home during a divorce, the house is rarely the hard part. The hard part is that two people who may not agree on much right now still have to agree on a price, a showing schedule, and a closing date. That is exactly where a neutral third party earns their place at the table. Our role is not to take a side. It is to price the home correctly, manage the process calmly, and get both of you to a closing that neither of you has to relitigate later. Texas is a community property state, which shapes how a marital home gets treated in a divorce, and understanding that framework, in plain terms, is the first step toward a sale that actually moves forward instead of stalling in disagreement (Texas Family Code Chapter 3; Texas State Law Library).

Why does a neutral third party matter more in a Frisco divorce sale?

In a typical sale, a listing agent works for one seller with one set of interests. In a divorce sale, we are working with two people who each need to trust that the price, the showing schedule, and the final number are fair to both of them, not tilted toward whoever picked the agent. That is a different job, and it calls for a different posture.

We come in as a level-headed, non-emotional party. Our job is to protect the outcome, not to referee the marriage. That means pricing the home on real comparable sales, not on what either spouse feels it should be worth, communicating with both parties equally and in writing when it matters, and keeping the transaction moving even when the two of you are not on the same page about anything else. That posture is what makes a divorce sale work: neither of you has to wonder whose side we are on, because there is not one.

This is not transactional for us. When a family is going through something this hard, our job is to be the calm, steady hand that gets the house sold correctly, so you can both move on to the next chapter.

Discretion matters here too. A divorce sale does not need to look different from any other listing on the street, and it should not become public information beyond what is necessary. We handle showings, paperwork, and communication in a way that keeps your privacy intact while still getting the home sold at the right price, in the right timeframe. If discretion is a priority for your situation, that is worth raising in your first call to 214.429.4907, before anything is scheduled.

The honest version: a divorce sale succeeds when the agent’s only agenda is a fair price and a clean closing. The moment either spouse feels the agent is working for the other side, the process stalls, sometimes for months, on a sale that standard closing costs alone already run 7 to 8 percent of the price to complete. Neutrality is not a nice-to-have. It is the entire job.

Confidential, No Obligation

Need a neutral party to handle your Frisco home sale?

Call the Kaitlin Lovern Team at 214.429.4907 for a confidential conversation about your situation and your timeline. No pressure, no judgment.

How Texas community property law treats your Frisco home

Texas is one of a small number of community property states, and that framework matters for anyone selling a home during a divorce (Texas Family Code Chapter 3; Texas State Law Library). In plain terms: real estate purchased during the marriage is generally presumed to be owned jointly by both spouses, regardless of whose name is actually on the deed. Whether the mortgage statement or the title only shows one spouse’s name does not, by itself, decide who owns the home for purposes of the divorce.

Here is the part that surprises a lot of people: Texas courts do not simply split marital property fifty-fifty. The legal standard is a “just and right” division, which gives the court discretion to weigh factors like each spouse’s earning capacity, who will have primary custody of any children, and the overall financial picture of the marriage (Texas Family Code Chapter 3; Texas State Law Library). That is a legal determination, made by your attorneys and, if needed, the court, not something we weigh in on. What we can tell you, from the real estate side, is what your Frisco home is actually worth right now, so that whatever division your attorneys negotiate is based on a real number instead of a guess.

The information above is educational, not legal advice, and a “just and right” division can land anywhere from an even split to a meaningfully uneven one depending on the factors above. Every divorce is different, and the facts of your specific case, including how title is held, when the home was purchased, and any separate-property claims, can change the analysis. Always consult your divorce attorney about how these rules apply to your situation before making decisions about the house.

The homestead question people ask most: what a court can and cannot order

Homestead protection is the single most misunderstood fact in a Texas divorce involving a homestead property. Texas’s homestead protection (Texas Constitution, Article 16, Section 50) shields your home from being sold to satisfy a creditor’s debt. It does not give either spouse a veto over what happens to the house in a contested divorce. If you and your spouse cannot reach an agreement, a judge can order the home sold, or award it to one spouse with an owelty-of-partition lien covering the other’s share, as part of dividing the marital estate “just and right.”

What that means in practice, for a Frisco homestead specifically, is that almost every divorcing couple still has a real choice: decide together how the house gets handled, or leave that decision to a Collin County family court as part of a longer, more expensive process. Most people we work with would rather make that call themselves, especially with Frisco values high enough that a contested sale can leave real money sitting in limbo through a court calendar. Our role starts at exactly that point: whether you have reached an agreement on your own or your attorneys are still negotiating toward one, we step in as the neutral party who prices the home correctly against the current Frisco market, manages the process, and gets you to a closing that holds up regardless of how the decision was reached.

Why this matters for you: because a Collin County judge can ultimately decide this for you if you and your spouse cannot, most couples prefer to keep that decision in their own hands. There is also a practical wrinkle specific to keeping the house: whoever ends up on title alone still has to refile the homestead exemption in their own name, since a divorce decree changing ownership does not carry the old exemption over automatically. A neutral agent with no stake in either outcome earns trust fastest here, which is why we build the process around equal communication with both of you from day one.

As with the community property rules above, this is general legal information, not advice about your specific case, and whether a judge would use an outright sale or an owelty-of-partition lien in your situation is exactly the kind of call that depends on your specific facts. Confirm how the homestead protection applies to your circumstances with your attorney.

Your Client Experience

Ready to talk through your options, quietly?

We will walk the home, give you a real number, and lay out a straightforward path forward, whatever you and your spouse ultimately decide.

Your two real options: sell and split, or one spouse buys out the other

Once both spouses have agreed the home should not remain jointly owned, there are two paths forward. Neither is right or wrong. The right one depends on your finances, your timeline, and what your attorneys negotiate.

Option 1: Sell the home and split the proceeds

Selling and splitting is the most straightforward path and the one we handle most often. The home is priced correctly using real comparable sales, listed, marketed, and sold like any other Frisco home, with proceeds divided according to the terms your attorneys agree to. This path works well when neither spouse wants to keep the home, or when keeping it is not financially realistic for either person alone.

Option 2: One spouse buys out the other’s equity

Sometimes one spouse wants to stay, often for the kids’ school zone or simply because it is home. In that case, the staying spouse typically refinances the mortgage into their name alone and pays the other spouse their share of the equity, based on a fair, current valuation of the home. This requires the staying spouse to qualify for the loan independently, which is worth confirming early with a lender before it becomes a point of negotiation. A buyout only works if the valuation both sides are working from is accurate and defensible, which is exactly what a proper comparative market analysis provides.

Either path starts in the same place: a real number for the home, not a guess from either spouse or an online estimate. We provide that number as a neutral party, using the same comparative-market-analysis process behind our Frisco home value guide, the same process that also produces the seller net sheet showing your 7 to 8 percent in standard sale costs, so whichever option you choose, it is built on solid ground.

How the sale actually runs, from listing to closing

Here is what to expect once you and your spouse have decided to sell, in the order it typically happens.

Step 1: A confidential valuation walkthrough

We walk the home and prepare a comparative market analysis based on real, recent sales in Frisco, not an algorithm’s guess. This gives both spouses a shared, defensible starting number. You can request that valuation whenever you and your spouse are ready, with no obligation attached.

Step 2: Agreement on price and terms

With your attorneys’ guidance, you and your spouse agree on a list price and the terms of the listing agreement. We communicate with both parties equally throughout, so no one is left wondering what is happening with their home.

Step 3: Preparing and showing the home

We coordinate showings around both households’ schedules and handle communication with buyers’ agents directly, so neither spouse has to manage that back-and-forth personally during an already difficult time.

Step 4: Offers, negotiation, and closing

We present offers to both spouses at the same time, negotiate on behalf of the sale itself rather than either individual, and manage the transaction through to closing, where proceeds are distributed according to your settlement terms.

Buying a house, or selling one, is a lot like eating an elephant. You do it one step at a time. A divorce sale is no different: broken into these four steps, from valuation walkthrough to closing, it stops feeling unmanageable.

Greatness is demonstrated, not declared

Sell your Frisco home the right way, for both of you

If you and your spouse have agreed it is time to sell your Frisco, Prosper, McKinney, or Plano home, the Kaitlin Lovern Team will handle the process as a neutral, discreet party from valuation through closing.

What it costs, and how proceeds get divided

Selling a home during a divorce costs about the same as selling it under any other circumstance. Standard sale costs in Texas, commission, title insurance, escrow fees, and prorated property taxes together, typically run about 7% to 8% of the sale price (Texas Department of Insurance, title insurance premium schedule, 2026). Commission itself is a direct, written negotiation with the listing agent rather than a set MLS rate (NAR Settlement FAQs, 2026), which matters here because both spouses need to see that number in writing before either one agrees to a price. Knowing the full cost picture up front keeps the conversation about the house, not about hidden numbers showing up later.

For a Frisco home, the combined fiscal year 2026 property tax rate in Collin County and Frisco ISD is about 1.6755 per $100 of value, roughly 1.68% before any homestead exemption (City of Frisco, FY2026). Rates are set jointly by the city, the school district, and the county (Collin County, 2026 tax rate data), and that combined figure feeds into the seller net sheet we prepare for both spouses before you list, so the number you agree to divide is the number you actually receive at closing, not a rough estimate that changes later. If either spouse wants to verify an agent’s license or standing independently, that information is public through the (Texas Real Estate Commission, license lookup) at any point in the process.

Cost or stepTypical range or timing
Total standard sale costs (commission, title, escrow, prorations)7% – 8% of sale price
Frisco combined property tax rate, FY2026≈1.6755 per $100 (≈1.68%)
Typical time from agreement-to-sell to closingComparable to a standard Frisco listing, once priced correctly

Once the 7 to 8 percent in standard sale costs are subtracted from the sale price, the remaining proceeds are divided according to the terms your attorneys negotiate as part of your settlement, whether that is an even split or another division based on your specific case. We provide the net sheet; your attorneys handle how that net gets divided. Keeping those two roles separate is part of what keeps the process moving instead of stalling.

Frequently asked questions

Do we have to sell our house in a Texas divorce?

Not automatically, but it is not entirely up to you either. If you and your spouse agree on what happens to the house, that agreement controls. Texas’s homestead protection (Texas Constitution, Article 16, Section 50) does not give either of you a veto over a court’s decision if you cannot agree, a judge can order the home sold, or award it to one spouse with a lien covering the other’s share, as part of dividing the marital estate. Most couples prefer to decide this themselves rather than leave it to a judge. Talk with your attorney about how this applies to your case, or call 214.429.4907 to discuss the real estate side once you are ready.

Is our Frisco home automatically split 50/50 in a divorce?

Not automatically. Texas is a community property state, so a home purchased during the marriage is generally presumed to be jointly owned regardless of whose name is on the deed (Texas Family Code Chapter 3). Courts divide marital property in a way that is “just and right,” which is not always an even fifty-fifty split. This is a legal determination for your attorney, not something we weigh in on, but we can give you a real, current valuation of the home to inform that conversation.

Can one spouse buy out the other instead of selling?

Yes. The spouse who wants to keep the home typically refinances the mortgage into their name alone and pays the other spouse their share of the home’s equity, based on a current, accurate valuation. This requires qualifying for the loan independently, which is worth confirming with a lender early. We can provide the valuation both spouses need to make this fair. Request a home value to start that conversation.

How much does it cost to sell a house during a divorce in Frisco?

About the same as any other Frisco sale. Standard costs, commission, title insurance, escrow fees, and prorated property taxes, typically run 7% to 8% of the sale price. We build a full written net sheet for both spouses before you list, so there are no surprises at closing. Call 214.429.4907 for your specific numbers.

Will you take one spouse’s side during the sale?

No. We come in as a neutral, non-emotional party specifically because a divorce sale only works when both spouses trust the process. We price the home on real comparable sales, communicate with both parties equally, and manage the transaction toward a fair, timely closing. This is not transactional for us, and it is not adversarial either. If you would like to see how that works before committing to anything, book a 30-minute call and we will walk through the process together.

Should we talk to our attorneys before contacting a real estate agent?

A preliminary conversation with your attorney about your situation helps, since the legal framework, community property rules, the homestead protection, and how your settlement will treat the proceeds, sits with them, not with us. Once you and your spouse have agreed to sell, or want a real number to bring into that discussion, book a 30-minute call and we will walk you through the real estate side.

Kaitlin Lovern, Founder of the Kaitlin Lovern Real Estate Team

About the author

Kaitlin Lovern

Founder & Lead Realtor · Real Brokerage LLC

Kaitlin Lovern serves as the calm, neutral third party Frisco, Prosper, McKinney, and Plano families trust with the sale of a shared home during divorce, handling pricing, showings, and closing with a steady, discreet process (Texas license #0634293). Learn more at kaitlinlovern.com/about, or start a confidential conversation at kaitlinlovern.com/sell/ or 214.429.4907.

Sources: Texas Family Code, Chapter 3, Marital Property Rights and Liabilities; Texas State Law Library, Divorce and Community Property resources; Texas Constitution, Article 16, Section 50 (Homestead); Texas Department of Insurance, title insurance basic premium rate schedule effective March 1, 2026; National Association of REALTORS®, Settlement FAQs (2026); City of Frisco published property tax rates (FY2026); Collin County 2026 tax rate data; Texas Real Estate Commission, license lookup and consumer resources.

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Theresa Husner

Born and raised in Southern California. I worked in Real Estate (Appraisal) from 1994 to 2009, then transitioned to Banking from 2009 to 2019. I moved to Frisco, Texas on September 9, 2019. That wasn’t intentional. Lol. My love for Real Estate called me back in 2020, but this time as a Realtor, helping families directly instead of being behind a desk. I’m so happy I did because it’s my passion and part of my superpower. Read on, and you’ll understand what I’m talking about.

I am happily married to the love of my life, and I am a girl mom! I have three daughters: Brittaney, 29, a hairstylist; Brianna, 27, a Sports and Fitness Coach; and Paula, 22, a college student working towards her bachelor’s degree in psychology. I think we kept Sephora and Ulta in business in the 2000s because the amount of teenage makeup in our home could fill buckets. Lol. Oh, and let’s not forget the nail salons.

I am also a Mimi (we don’t say the G-word because I don’t think I will ever be ready for it). Her name is Victoria, and she’s 4. Her mom is Brittaney, and they live in California. However, thank goodness for FaceTime and Amazon. We chat almost every day, and I can spoil her from 1,400 miles away.

My favorite accessory is my high heels. I LOVE THEM!! My mom put me in pumps at the age of 5, and I’ve never looked back! My feet actually feel uncomfortable in flats or tennis shoes. No likey. I’m also 5’1-ish, so it changes my world to be 4 inches taller. 😁

Favorite food – Seafood!! All of it! I can eat it three times a day, seven days a week. If I were ever to be stranded on an island, I wouldn’t mind. Seafood, beach, sunsets, warm weather, and hopefully a razor. I would be in heaven.

I love to dance!! I was on Drill Team in High School. When I turned 18, I loved going to the dance clubs anytime I could. Fast forward to Covid. :( I never imagined a world without dance clubs. Lol. Now that I live in Texas, country line dancing is next on my list. My friend Kathy and I met and hung out with Kenny Chesney and Vince Vaughn after Kenny’s concert backstage at the Angels Stadium in California. A young man with a pass said he could take us back to meet him, but we had to turn our phones off, or else we couldn’t go backstage. I was ready to throw my phone in the trash!! My friend Kathy is the only proof I have that we hung out with Vince and Kenny.