Detailed Answer — practical options under Texas law

If the opposing party’s court filing asks only for an order that the property be sold, without proposing buyout terms, you still have several options. Texas law gives courts discretion to divide marital or community property “in a manner the court deems just and right,” and to order partition or sale when division in kind is impractical. See the Texas Family Code for the division standard: Tex. Fam. Code §7.001. For partition and sale procedures for real property generally, see the Texas Property Code: Tex. Prop. Code Ch. 23 (Partition).

Below are the main practical responses and legal paths you can pursue if the other party asks only for a sale:

1) Respond and ask the court for a buyout or alternative division

You can file a written response or counterproposal asking the judge to allow a buyout instead of a sale. A buyout typically means one spouse keeps the house and pays the other spouse an agreed amount or refinances the mortgage to remove the other spouse’s interest. In your filing you can propose a specific buyout amount based on a current appraisal or market analysis, and propose how that payment should be made (lump sum, installment, refinance deadline).

2) Ask the court to order appraisal and valuation before sale

If the other side doesn’t set buyout terms, request that the court order a professional appraisal or appoint a neutral appraiser to determine fair market value. An accurate valuation helps you negotiate buyout terms or contest the reasonableness of an immediate sale.

3) Seek partition in kind if feasible

When the property can be divided without a sale (rare for a single-family home), you can ask for partition in kind. If a true division of the real property isn’t practical, the court may order sale. The Texas Property Code governs partition actions and how courts handle dividing co-owned land: see Tex. Prop. Code Ch. 23.

4) Negotiate a settlement or mediate

Courts often encourage settlement. Consider mediation to negotiate buyout terms, allocation of closing costs, how to treat mortgage arrears, and who pays carrying costs (insurance, taxes, mortgage) until sale. Mediation can be faster and less expensive than litigation.

5) Propose staggered or conditional sale terms to the court

If you accept a sale but want more control, propose a timeline, marketing plan, minimum acceptable price, right to match an offer, or allocation of sale costs. The court can adopt reasonable sale terms to protect both parties’ interests.

6) File for temporary orders about possession and expenses

While the case proceeds, ask the court for temporary orders requiring the parties to maintain the home, pay mortgage and insurance, or assign exclusive possession to one spouse. Temporary orders reduce risk that the property’s value will decline before the final decision.

7) Consider refinancing, loan assumption, or third-party purchase

If you want to keep the house, explore refinancing in your name alone or having a third party buy out the other spouse. If you can qualify for a mortgage and provide a timely buyout, the court may approve that arrangement as a fair division.

8) Raise objections in court if the sale would be unfair

You can object to an immediate sale if it would create an inequitable division (e.g., sale would force a distressed sale, or ignore differing contributions to mortgage or improvements). Present evidence—appraisals, payment records, and financial statements—showing why a buyout or alternate plan is fairer.

Keep in mind the judge decides what is “just and right” for dividing the estate. The court has discretion to order sale, buyout, or other division depending on the evidence and proposals the parties present. See Tex. Fam. Code §7.001.

Helpful Hints — how to prepare and increase your chances of a favorable outcome

• Gather documents: deed, mortgage statements, escrow history, property tax bills, home insurance, closing statement, and records of repairs or improvements.
• Order a professional appraisal early so you have an objective market value to use in negotiations or in court.
• Track payments: show who paid mortgage, taxes, insurance, utilities, and major repairs—these facts can affect perceived fairness in division.
• Get quotes from lenders if you plan to refinance to buy out the other party; know how much you can borrow and approximate closing timelines.
• Consider mediation: a mediated buyout often saves time and costs compared with a court-ordered sale.
• Propose clear buyout mechanics: appraisal method, timeline for payment or refinance, payment schedule, and what happens if one party misses deadlines.
• Ask the court for temporary orders to protect the property and prevent an immediate sale while you negotiate valuation or buyout terms.
• Be realistic about costs: broker commissions, closing costs, and potential capital gains tax or mortgage prepayment penalties can affect whether keeping the house is practical.

When to consult an attorney

If the other party moves for sale and you want different terms, consult a Texas family law attorney or a real property attorney early. An attorney can draft a response, propose buyout language, ask for appraisals, and represent you at hearings. If you cannot afford an attorney, check local legal aid organizations or court self-help resources for guidance on filing responsive pleadings and temporary orders.

Disclaimer

This article explains general legal options under Texas law but is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Texas attorney who can analyze the facts and court filings in your case.