Q: My husband bought our home before we met. A few years ago we refinanced in both of our names. Can he sell the house

A: Most family courts in Texas issue standing orders when a divorce case is filed which prohibit both spouses from doing certain things during the pendency of the divorce case which usually includes selling a marital residence without prior court approval. Even though the home is his separate property since your husband bought it before you met, such a standing order would preclude him from selling the home while the divorce proceeding is pending.

Your husband could seek court approval for such a sale, which would likely be granted as it is relatively easy to conclusively prove the date he bought the home and the date of your marriage. In most arms-length sale transactions of a home, the existing mortgage will be paid off from the sale proceeds, which will solve the problem of you being on the refinance. That should free you up to qualify for a mortgage for a new home if you choose to buy one.

A: I agree with the other lawyer's answer. Additionally, if this property is designated as a homestead, which would normally be the case if this is your primary residence, he would not be able to sell it without you approving the sale even without standing orders being in place. Texas homestead law requires a person selling a homestead to have the approval of that person's spouse, if the seller is married, which would be you, to convey clear title on a homesteaded property.