Austin TX · Divorce Real Estate Specialist · TREC #788149

Austin's
Divorce Realtor

Texas is a community property state. The marital home belongs to both of you, and both of you need to come out right. Whether you're selling together, one spouse is buying out the other, or the court has ordered the sale, I handle Austin divorce real estate with the discretion and competence the situation demands.

Sell the Marital Home Spouse Buyouts Court-Ordered Sales Buy Your Next Home
Luke Allen, Austin TX Realtor
Discrete Confidential process
Neutral Or one-sided rep available
Austin All Travis County courts
Attorney Coordinates with your counsel
Free Buyer rep at no cost

What Brings People Here

Every Divorce Real Estate
Situation Is Different

The Austin home is often the largest shared asset in the marriage, and the most complicated to unwind. Here are the four situations I handle most often, and what each one looks like in practice.

01
Sell Together, Split Equity

Both spouses agree to sell. I list the home, manage the transaction, and coordinate with both attorneys to ensure equity is distributed correctly at closing. Neither spouse is disadvantaged. The goal: maximum sale price, clean close, both parties move on.

Selling the Marital Home →
02
One Spouse Buys Out the Other

One spouse wants to keep the house. I help determine current market value (CMA), coordinate with the lender on refinancing into one name, and ensure the staying spouse pays fair equity to the departing spouse. Common in Austin with significant home appreciation.

Spouse Buyout Process →
03
Court-Ordered Sale

When spouses can't agree, the Travis County District Court can order the home sold. I have experience working within court-ordered sale parameters, required pricing processes, dual-attorney coordination, and court-approved timelines. A contested sale handled professionally.

Court-Ordered Sales →
04
Buy Your Next Home

After the marital home sells, both spouses need somewhere to go. I provide free buyer representation for each spouse separately, finding the right Austin neighborhood, price point, and property for a fresh start. East Austin, Hyde Park, and Domain NW are common next chapters.

Finding Your Next Home →
05
Sell + Both Buy Next

In many Austin divorces, I handle all three transactions: sell the marital home, then represent each spouse in finding their next property. I maintain strict confidentiality between parties. Each representation is fully independent, neither spouse has visibility into the other's search.

Start the Conversation →
06
Pre-Divorce Valuation

Many divorcing couples need a current market valuation for the home before deciding whether to sell or for one spouse to buy out the other. I provide a detailed comparative market analysis (CMA) for Austin properties, used by attorneys to negotiate the property division.

Request a CMA →

Texas Law

Texas Community Property
& Your Marital Home

Texas Is a Community Property State, Here's What That Means

Texas is one of only nine community property states in the US. Under Texas Family Code §3.002, property acquired by either spouse during the marriage is presumed to be community property, owned equally by both spouses, regardless of whose name is on the deed, title, or mortgage.

For the marital home, this means: both spouses have a legal ownership interest. Neither can sell the home, encumber it with new debt, or give it away without the other's consent, unless a court authorizes it. Both spouses must sign the listing agreement and the closing documents.

The exception is separate property, a home owned by one spouse before the marriage, or received as a gift or inheritance during the marriage, may be separate property. But even separate property homes can become complicated if marital funds paid the mortgage or made improvements. Texas courts apply the inception of title rule to determine ownership.

Working with an Austin divorce attorney alongside an experienced real estate agent is essential for navigating these property classification questions before listing.

Need a current market value for your Austin home?
I provide complimentary CMAs for divorcing couples, used by attorneys in property negotiations.
Request CMA
Texas Divorce & Real Estate, Key Facts
⚖️ Community property state. Property acquired during marriage is presumed 50/50, regardless of whose name is on the deed.
✍️ Both spouses must sign. Listing agreement, purchase contract, and closing documents all require both signatures, or a court order.
⏱️ 60-day waiting period. Texas requires 60 days from filing before a divorce can be granted, but you can list and sell the home before the divorce is finalized.
🏛️ Travis County District Court. Austin divorces are handled in Travis County. The court can order the home sold, set a pricing process, or appoint a receiver if needed.
💰 Equity to both at closing. When the home sells, both spouses receive their equity share via separate disbursements at closing per the divorce decree or agreement.
🏠 Homestead exemption ends. After the divorce, only one spouse's homestead exemption can be claimed on the Austin property. File the correct exemption for your new home after January 1.
📋 Separate property. Pre-marital home, gifts, or inheritance may be separate property, but Texas courts require clear and convincing evidence to overcome the community property presumption.

How It Works

The Divorce Real Estate
Process in Austin

Divorce real estate requires precision at every step, both spouses informed, both attorneys coordinated, the transaction moving on a timeline that works for the legal process.

1
Confidential Consult

Phone, Zoom, or in person. We discuss the situation, the home, both parties' goals, and the timeline. No obligation, full confidentiality.

2
Market Valuation

I provide a detailed CMA, current Austin market value for your specific home and neighborhood. Shared with both parties and attorneys.

3
Attorney Coordination

I work directly with both attorneys (or mediator) to ensure the listing strategy aligns with the divorce decree timeline and equity split agreement.

4
List & Sell

Home is prepared, listed, and marketed. I handle all negotiations, keeping both parties informed and both attorneys in the loop throughout.

5
Close & Move Forward

Closing is coordinated with the title company and both attorneys. Each spouse receives equity at closing. I then help both find their next home.

Typical Austin Sale Timeline

Week 1 to 2
Consult, CMA, Attorney Alignment

Meet with both parties, deliver market valuation, coordinate with both attorneys on listing approach and equity split structure.

Week 2 to 3
Prepare & List

Home preparation, professional photography, MLS listing live. Central Austin and East Austin at $550K to $900K move quickly.

Week 3 to 6
Under Contract

Offer negotiations, both spouses review and sign. Option period, inspections, lender appraisal. Both attorneys review contract.

Week 6 to 10
Closing

Both spouses sign at closing (can be separate appointments at the title company). Equity disbursed per the agreed split. Done.

Representation Options

Neutral Representation

I serve as an intermediary, neutral agent focused on maximizing the sale price and executing the transaction cleanly. Both spouses have equal access to information. Used when both spouses agree to sell and want one agent managing the process.

One-Sided Representation

I represent one spouse exclusively, their interests first. Used when spouses are using separate agents, or when one spouse needs exclusive buyer representation to find their next home. Full fiduciary duty to my client.

Sequential Representation

Sell the marital home as neutral agent, then represent each spouse separately in their individual home purchase. Strict information barriers between representations, neither spouse's search is visible to the other.

Full-Service Divorce Real Estate

Everything the Situation Requires

Divorce real estate in Austin is more complex than a standard transaction. Here's what's included, at no additional cost beyond the standard commission.

Comparative Market Analysis (CMA)

Detailed current-market valuation for your Austin home, used by both attorneys in property settlement negotiations. Covers comparable sales, active competition, price-per-sq-ft, and a recommended list price range. Provided at no cost, regardless of whether you list with me.

Attorney & Mediator Coordination

I communicate directly with both divorce attorneys (or the mediator) throughout the transaction, keeping the real estate process aligned with the legal timeline, the decree language, and the equity distribution plan. Written updates provided to counsel at each milestone.

Court-Ordered Sale Management

Experience navigating Travis County court-ordered home sales, including required pricing approval processes, dual-attorney coordination at every step, court-approved timeline compliance, and documentation for the record. A contested sale handled with care and professionalism.

Equity Calculation Support

Help both parties understand the net equity calculation: sale price minus payoff, commissions, closing costs, any outstanding liens, and escrow holdbacks. Ensures both spouses know their expected proceeds before going under contract, no surprises at closing.

Home Preparation Guidance

Neutral guidance on preparing the home for sale, staging recommendations, minor repair prioritization, cleaning and curb appeal, when both spouses must agree on what work to do. I've navigated the "who pays for the repairs" conversation many times.

Buyer Representation (Free)

After the marital home sells, each spouse needs a next home. I provide full buyer representation, at no cost, for each party's individual home search. Separate representation agreements, separate searches, complete confidentiality between the two clients.

Working with Attorneys

Coordinating with Your
Divorce Attorney

The most successful Austin divorce real estate transactions happen when the real estate agent and both attorneys are working from the same information and the same timeline. Here's how I work with counsel.

For Divorce Attorneys: Referring Clients

I work regularly with Austin family law attorneys and welcome referrals. I provide prompt CMAs for property division negotiations, maintain strict confidentiality with all parties, deliver written updates to counsel at each transaction milestone, and coordinate closing timelines with the divorce decree. I'm available to respond to attorney questions throughout the transaction. Call or email directly: (254) 718-2567 / [email protected].

I Provide to Counsel
  • ✓ Current CMA for property division negotiations
  • ✓ Listing agreement review before execution
  • ✓ Written milestones: list, contract, close
  • ✓ Projected closing date for decree drafting
  • ✓ Net proceeds estimate before closing
  • ✓ Closing statement review with counsel
Court-Ordered Sales
  • ✓ Familiar with Travis County court requirements
  • ✓ Accepts court-appointed listing role
  • ✓ Pricing process documentation for court
  • ✓ Price reduction approval process
  • ✓ Offer submission to both attorneys
  • ✓ Court-compliant closing documentation
Mediation Support
  • ✓ CMA for mediation property valuation
  • ✓ Available as neutral valuation expert
  • ✓ Pre-mediation market briefing
  • ✓ Buyout refinancing process guidance
  • ✓ Comparable sales documentation
  • ✓ Market condition context for settlement

Deep Dives

Divorce Real Estate
Guides for Austin

Luke Allen, Austin Divorce Realtor, TREC #788149 TREC #788149

Austin's Divorce Real Estate Specialist

Luke Allen
Divorce Realtor · Austin TX · Licensed Texas Realtor

When you search for a divorce realtor in Austin, you're looking for someone who has handled the specific complexities that a standard real estate agent hasn't: both spouses needing to agree, attorneys needing to be coordinated, court-ordered sales, buyout valuations, and a transaction that has to close on a legal timeline, not just a market one. That's what I do.

I've worked Austin divorce real estate across every scenario, amicable agreements where both parties just want the cleanest possible sale, highly contested situations with two attorneys and a court order, and everything in between. My approach is neutral, professional, and discreet. Both spouses are treated with equal respect. Neither is disadvantaged.

TREC License #788149 Austin TX Licensed Realtor Travis County Divorce Sales Neutral & One-Sided Rep Free Buyer Representation

Frequently Asked Questions

Austin Divorce Real Estate
Common Questions

You can use any licensed agent, but divorce real estate has specific complexities: both spouses must agree on listing terms, price reductions, and the sale, or a court must order it. An agent experienced in divorce transactions understands how to navigate disagreement, coordinate with divorce attorneys, handle court-ordered sale timelines, and ensure neither spouse feels disadvantaged. The cost of the wrong agent, a delayed sale, a price dispute, or a transaction that falls apart, is far higher than the commission.
Yes. Texas is one of nine community property states. Property acquired during the marriage, including the marital home, regardless of whose name is on the deed, is presumed to be owned equally (50/50) by both spouses. Both must sign the listing agreement and closing documents. Neither can sell without the other's signature, unless the Travis County court orders it. This is why neutral realtor representation is especially valuable, it protects both parties and keeps the transaction moving.
When divorcing spouses can't agree on the home, one wants to sell, the other doesn't; or they disagree on price, either spouse can ask the Travis County District Court to order the sale. The court will set a pricing process (often requiring a CMA or appraisal), establish a timeline, and may appoint the listing agent or require both parties to agree on one. Both spouses are still entitled to their equity share. I have experience working in court-ordered sale situations and can work with both attorneys to keep the process on track.
In Texas, an agent can serve as an intermediary, a neutral transaction facilitator, when representing both parties in the same transaction, with written consent from both (Texas Intermediary status under TREC rules). In divorce situations, I typically function as a neutral party focused solely on maximizing the sale price and executing cleanly, with both attorneys involved throughout. If one spouse wants exclusive buyer representation for their next home purchase, that is handled under a separate representation agreement with full fiduciary duty.
In a Texas community property divorce, the marital home's equity is typically divided equally, though the court can divide it differently based on fault, children's needs, or other factors. Equity is calculated as: sale price minus mortgage payoff, closing costs, commissions, and any outstanding liens. Both spouses receive their share at closing via separate disbursements to their respective accounts. If one spouse is buying out the other, they refinance the mortgage into their name and pay the departing spouse their equity share, often via the title company.
You can list any time after both spouses agree to sell, even before the divorce is finalized. Texas has a mandatory 60-day waiting period from filing before a divorce can be granted (the "cooling-off" period), but there is no requirement to wait to sell the home. In many cases, listing early while the divorce is in process is advantageous, it gives more time to achieve the best price and ensures both parties receive equity before the decree is entered. Talk to your attorney about whether listing pre-decree affects your specific situation.
A typical Austin home sale during divorce takes 6 to 10 weeks from listing to closing under normal market conditions. Court-ordered sales may require more time for attorney approvals at each step. I work with both attorneys to align the sale timeline with divorce decree deadlines. At East Austin / Hyde Park price points ($550K to $900K), well-priced homes often go under contract in 1 to 3 weeks. Westlake Hills luxury properties ($1M+) may take longer. I provide both parties and their counsel with a realistic timeline before listing.

Let's Talk
Confidentially

Whether you're early in the process, just trying to understand the home's value, or you're ready to list, I'm here. Phone, Zoom, or in person. Both spouses are welcome to reach out independently.

I work with Austin divorce attorneys regularly and can coordinate with your counsel from day one. Free CMAs for property valuation, no-cost buyer representation for your next home.

Everything shared is confidential. Your situation, your timeline, your next step, handled with complete discretion.

Divorce Real Estate Consultation
Confidential. Free. No obligation.