Texas · Family Code chapter 5Selling a Texas homestead: why both spouses must sign, even if only one is on title
Texas protects the family homestead in a way that often surprises sellers: under Family Code §5.001, whether the homestead is one spouse's separate property or community property, neither spouse may sell, convey or encumber it without the joinder of the other spouse, except as chapter 5 or other law provides. So a married seller whose name alone is on the deed usually still needs the spouse to sign if the house is their homestead. Chapter 5 gives the exceptions. If the other spouse has been judicially declared incapacitated by a guardianship court, the owner of a separate-property homestead – or the competent spouse, for a community homestead – may sell without joinder (§§5.002, 5.003). Under 'unusual circumstances' a spouse may file a sworn petition in a court of a county where the property lies, describing the property and why the sale is needed, and alleging that the other spouse has disappeared, has permanently abandoned the homestead and the petitioner, has abandoned it and the spouses are permanently separated, or has been reported a prisoner of war or missing on public service (§§5.101, 5.102). The petition can be filed no earlier than 60 days after the disappearance or abandonment, or six months after the POW or missing report (§5.103). The court may appoint an attorney for the absent spouse – and must for a POW or missing spouse – and after a hearing issues an order it finds just and equitable, which can add conditions, require a bond, or require some or all of the sale proceeds to be paid into the court's registry (§§5.104–5.106).
The rule (§5.001)
Both spouses join
Neither spouse may sell, convey or encumber the homestead without the other's joinder.
Separate or community
Applies even when the homestead is one spouse's separate property.
Exceptions in chapter 5
Incapacity
A spouse judicially declared incapacitated – the other may sell without joinder (§§5.002–5.003).
Unusual circumstances
Disappeared, abandoned, permanently separated, POW or missing – by sworn petition and court order (§§5.101–5.102).
Timing
Petition no earlier than 60 days after the event, or six months after a POW/missing report (§5.103).
Court order
May set conditions, require a bond, or hold sale proceeds in the court registry (§5.106).
What the TC can do
- At listing, ask whether the seller is married and whether the house is their homestead – even if only one name is on the deed.
- Add the non-titled spouse to the deal's people and to the closing signing schedule.
- If the spouse can't be found or won't sign, involve the title company and an attorney before setting a closing date.
Questions sellers ask
Does my spouse have to sign to sell our house in Texas if it's only in my name?
If the house is your homestead, generally yes. Texas Family Code §5.001 bars either spouse from selling or encumbering the homestead without the other's joinder, even if it's one spouse's separate property.
What if my spouse disappeared or abandoned the home?
You may petition a court under Family Code §§5.101–5.102 after 60 days; after a hearing the court can authorize the sale on just and equitable terms.
Can I sell if my spouse has been declared incapacitated?
Yes. If a guardianship court has declared the other spouse incapacitated, the homestead can be sold without that spouse's joinder (§§5.002–5.003).
Related guides
Add the non-titled spouse to the deal's people in ClosingCode, so documents and dates stay in one place.
Start free trialSource: Texas Family Code §§5.001–5.003 and 5.101–5.108 (statutes.capitol.texas.gov, read October 26, 2026).
General information, not legal advice. A Texas real estate or family law attorney and the title company decide who must sign. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.