Once a Texas divorce is filed, several counties' standing orders bar either spouse from selling the house unless the court authorizes it. This guide quotes the orders in Dallas, Collin, Denton, Kaufman, Travis and Bexar counties, explains Tarrant's ex parte TRO rule, and covers bond, receivers and court approval.
This is general information, not legal advice. A Texas family law attorney can tell you how your county's order applies to your house.
This guide covers what a county standing order, or a temporary restraining order, means for selling the house while a divorce is pending. For whether to sell, who signs and who keeps the house, see our guide to selling a house during a divorce in Texas.
The short answer
In Dallas, Collin, Denton, Kaufman, Travis and Bexar counties, a standing order takes effect when a divorce petition is filed. From then on, neither spouse may sell the house, even one spouse's separate property, unless the order or the court specifically authorizes the sale. Where no standing order applies, a judge can impose the same restriction through a temporary restraining order (TRO) under Family Code Sec. 6.501(a)(11)(A).
Counties write their own orders. This guide quotes those six official orders and explains Tarrant County's different approach. Elsewhere, check the orders your district clerk posts.
When the order starts and when it ends
Every order read here starts when the petition is filed and runs first as a TRO, then, if no party contests it in time, as a temporary injunction:
- Dallas (paragraph 8.2), Collin (paragraph 5), Kaufman (paragraph 1.c) and Travis (paragraph 1.3): a TRO for 14 days after filing.
- Denton (paragraph 7.2): the 14 days run from service of the petition, not filing.
- Bexar (paragraph 8.2): the TRO is renewed every 14 days until a temporary injunction is ordered.
The orders end at the final order or decree, and in Collin, Denton, Kaufman and Travis also at dismissal (see the table below). Plan as if the order covers the whole case, not only its first two weeks.
What the sale clause says
Dallas County's order, paragraph 4.6, is typical. It orders both spouses to refrain from:
"Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of either party, whether personal property or real property or intellectual property, and whether separate or community, except as specifically authorized by this order."
The other orders use nearly the same words: Collin paragraph 1.11.1, Denton paragraph 3.4, Kaufman paragraph 5.b.vi, Travis paragraph 4.1(d) and Bexar paragraph 4.5.
Separate property is covered. Dallas, Collin, Denton and Bexar say so in the clause itself. Kaufman (paragraph 5.b.i) and Travis (paragraph 4.1) define property "without regard to whether the property is claimed as separate property or community property." So under these orders, an inherited house is covered while the case is pending. How it is divided is covered in our guide to an inherited house in a Texas divorce.
What the orders still allow, and who can stay in the house
Dallas (paragraph 7), Collin (paragraph 2), Denton (paragraph 6), Kaufman (paragraph 8), Travis (paragraph 4.4) and Bexar (section VII) still allow acts needed for a spouse's usual business, reasonable attorney's fees, and reasonable and necessary living expenses. None of them lists selling the house.
The residence rules differ:
- Collin paragraph 2: the order does not exclude a party from occupying that party's residence.
- Denton paragraph 3.16, Kaufman paragraph 5.b.xvii and Travis paragraph 4.1(n): no excluding a spouse from a residence that spouse lived in (Denton) or the spouses shared (Kaufman, Travis) within the 30 days before the petition was filed.
- Bexar paragraph 4.16: no excluding the other party from the use and enjoyment of that party's residence.
Under Family Code Sec. 6.501(b), no TRO may exclude a spouse from occupancy of the residence where that spouse is living, except under a Title 4 protective order. If one spouse still lives in the house, settle the move-out plan through both attorneys before choosing a buyer.
Counties without a standing order: TROs and temporary orders
After a divorce is filed, Family Code Sec. 6.501(a)(11)(A) lets the court grant a TRO, without notice, that bars selling the property of the parties or either party "except as specifically authorized by the court." After notice and a hearing, Sec. 6.502(a) allows a temporary injunction and other temporary orders, including a receiver, exclusive occupancy of the residence for one spouse, and a ban on any act listed in Sec. 6.501(a).
Under Sec. 6.503(b), in a divorce "the court may dispense with the issuance of a bond between the spouses" in connection with temporary orders. That is the judge's choice, not an automatic rule. Dallas (paragraph 11), Denton (paragraph 7.2), Kaufman (paragraph 10) and Bexar (section XI) waive bond in their own orders.
Tarrant County: no divorce standing order was found among the orders posted on TOPICs for the 231st, 233rd, 322nd, 324th, 325th and 360th District Courts. Instead, Tarrant County Family Law Local Rule 4.01(11)(c) lets attorneys and self-represented litigants present ex parte TROs "that contain the prohibitions contained in 6.501" to any associate judge or district judge. So in those courts, nothing posted restrains a sale when the case is filed; a restraint comes from a TRO or temporary order the court grants, for example at a spouse's request.
Getting the court's authorization
The orders allow a sale only as "specifically authorized": by the order itself in Dallas, Kaufman, Travis and Bexar, by the court in Collin, and by the order "or a subsequent order of this Court" in Denton. None of the built-in authorizations covers a home sale, so a sale during the case appears to need a court order, such as an agreed order. No order says whether the spouses' written agreement alone is enough, so ask your attorney before you sign a sales contract, not only before closing.
The Denton, Kaufman and Travis orders also reach people outside the marriage. Denton's covers "any other person who acts in concert with the parties or their agents and who receives actual notice of these orders," and Kaufman (paragraph 1.a.iii) and Travis (paragraph 1.1) say much the same. That may be one reason a buyer or title company that knows about the case asks to see the court's authorization.
Separately, Family Code Sec. 5.001 and Texas Constitution art. XVI, Sec. 50(b) require both spouses to join in selling a homestead, except as Chapter 5 or other rules of law provide. Our divorce selling guide covers who signs.
When a receiver controls the house
Under Family Code Sec. 6.502(a)(5), the court can appoint a receiver "for the preservation and protection of the property of the parties." The receiver must notify each lienholder of property under the receiver's control no later than the 30th day after the appointment (Sec. 6.502(b)). By the seventh day, the court must issue written findings supporting the appointment, including why it dispensed with a bond, if it did (Sec. 6.502(c)).
Under Texas's general receivership statute, Civil Practice and Remedies Code Sec. 64.031, "subject to the control of the court," a receiver may take possession of the property, receive rents and "make transfers." A 2023 Texas Land Title Association course paper on preparing deeds, written by a Texas real estate attorney, warns that once the property is placed with a receiver, "even both members of the community together lack authority to convey or pledge the property." Whether the general statute governs a receiver appointed in a divorce is a question for your family law attorney. If there is a receiver, ask the receiver and your attorney how a sale would be approved.
What a title company may ask for
Each title company decides what it needs before it will insure a sale. The same paper says: "If the divorce is not final, both parties should execute the legal documents." For a sale after the divorce that the judge orders or the parties agree to, TexasLawHelp says both parties must sign the necessary closing documents.
Where the sale money goes while the case is open
The money from a sale can be restrained too. A TRO under Family Code Sec. 6.501(a)(11)(C) and (D) can bar either spouse from withdrawing money from any checking or savings account, or spending money in either party's possession or control, except as the court specifically authorizes. The county orders have similar clauses, such as Dallas paragraphs 4.8 and 4.9. So ask your attorneys whether the order authorizing the sale should also say where the net proceeds go.
For how a Texas closing pays out, see when a seller gets paid after closing, or estimate what is left after the mortgage payoff with our seller net proceeds calculator.
County orders side by side
| County | Order | Sale clause | TRO period | Ends |
|---|---|---|---|---|
| Dallas | Revised Jan. 31, 2026; 2023 version on TOPICs | ¶4.6 in both | 14 days after filing | Final decree |
| Collin | Signed Oct. 17, 2025 | ¶1.11.1 | 14 days after filing | Final order or dismissal |
| Denton | File-stamped Feb. 27, 2025 | ¶3.4 | 14 days after service | Final order or dismissal |
| Kaufman | Standing Orders 2024 | ¶5.b.vi | 14 days after filing | Final order or dismissal |
| Travis | Cases filed from Jan. 1, 2020 | ¶4.1(d) | 14 days after filing | Final order or dismissal |
| Bexar | Signed Aug. 27, 2018 | ¶4.5 | 14 days, renewed | Final order |
| Tarrant | None found | TRO if granted | Set by the TRO | Set by the court |
| Other counties | Check your district clerk's posted orders. | |||
Selling to Cash Home Advisors while the case is pending
Cash Home Advisors buys houses in Dallas–Fort Worth, Houston, San Antonio and Austin. Where a standing order or TRO applies, a sale while the case is pending may close only after the court has authorized it. Once the court has authorized the sale and the title company has every required signature, we can close in 7–14 days.
We pay all closing costs, you sell as-is with no repairs, and there are no agent commissions. Our purchase does not depend on a bank loan.
A listing may suit you better, so compare the options on our ways to sell page and see how our cash offers are calculated.
Frequently asked questions
Does the standing order bind the buyer or the title company?
Some orders reach people outside the marriage. Denton County's order binds any other person who acts in concert with the parties or their agents and who receives actual notice of the order, and the Kaufman and Travis orders say much the same. Whether a particular buyer or title company falls under that language is a question for your attorneys. It may be one reason a buyer who knows about the case asks to see the court's authorization before closing.
If we both agree to sell, do we still need the court?
In the counties covered here, it appears so. The county orders bar a sale except as specifically authorized by the order or the court, and none of their built-in authorizations covers selling the house. So a sale while the case is pending appears to need a court order, such as an agreed order. None of the orders says whether a written agreement between the spouses is enough on its own, so ask your family law attorney before you sign a contract.
When does the standing order stop applying?
It depends on the county. The Dallas order ends when the court signs a final decree, and the Bexar order when the court signs a final order. The Collin, Kaufman and Travis orders end at a final order or dismissal of the case, and the Denton order only upon entry of a final order or dismissal. Until then, the order runs first as a temporary restraining order and then, if no party contests it in time, as a temporary injunction.
Does Tarrant County have a divorce standing order?
None was found. The standing orders posted on TOPICs for the 231st, 233rd, 322nd, 324th, 325th and 360th District Courts do not cover property in a divorce. Tarrant County Family Law Local Rule 4.01(11)(c) instead lets a party present an ex parte temporary restraining order containing the Family Code Sec. 6.501 prohibitions. So in those Tarrant courts, nothing posted restrains a sale when the case is filed; a restraint comes from a TRO or temporary order the court grants, for example at a spouse's request.
Does the order cover a house one of us inherited?
Yes, in every order read for this guide. The Dallas, Collin, Denton and Bexar sale clauses cover separate or community property, and the Kaufman and Travis orders define property to include both. So in those counties, a house one spouse claims as separate property is still covered, and selling it while the case is pending appears to need the court's authorization. How the house is divided in the divorce is a different question for your family law attorney.
Sources
- Texas Family Code, Chapter 6 (Secs. 6.501, 6.502 and 6.503(b) temporary restraining orders, temporary orders and bond)
- Texas Family Code, Chapter 5 (Sec. 5.001 sale of the homestead)
- Texas Constitution, Article XVI, Section 50(b) (consent to sell a homestead)
- Texas Civil Practice and Remedies Code, Chapter 64 (Sec. 64.031 powers of a receiver)
- Dallas County Family District Courts, Standing Order Regarding Children, Pets, Property and Conduct of the Parties (revised January 31, 2026, F2026/05)
- TOPICs (Office of Court Administration), Dallas County 254th District Court: Standing Orders - Family District Courts (2023 version)
- Collin County District Courts, Standing Order on Children, Property & Conduct of Parties (signed October 17, 2025)
- Denton County Standing Order Regarding Children, Property and Conduct of the Parties (file-stamped February 27, 2025), on TOPICs
- Kaufman County Standing Order for Family Law Cases (posted as Standing Orders 2024)
- Travis County Standing Order for Family Law Cases (cases filed on or after January 1, 2020), on TOPICs
- Bexar County Civil District Courts, Standing Order Regarding Child(ren), Property and Conduct of Parties (signed August 27, 2018), on TOPICs
- Tarrant County Family Law Local Rules, Rule 4.01 (ex parte orders), on TOPICs
- TOPICs, Tarrant County 231st District Court: posted standing orders
- Texas Land Title Association, Preparing a Deed (2023), section h. Divorce
- TexasLawHelp.org, Divorce and Real Estate
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.