Texas divides the marital home under community property rules: Texas Family Code Section 7.001 requires a division that is “just and right,” starting from the presumption that property acquired during marriage belongs to both spouses. Ohio divides under Ohio Revised Code 3105.171, which presumes an equal split of marital property and then adjusts for ten listed fairness factors. Georgia has no division statute at all: equitable division comes from case law, settled in Stokes v. Stokes, 246 Ga. 765 (1980), which gives Georgia judges the widest discretion of the three states. Same house, three very different legal machines. Here is how each one actually treats your home.
KEY FACTS FROM THIS GUIDE
- Texas: community property (Fam. Code 7.001); Ohio: R.C. 3105.171 equal-division presumption; Georgia: judge-made equitable division
- Both spouses on the deed must sign to sell, in all three states
- The mortgage ignores the decree: both borrowers stay liable until refinance or payoff
- Married filing jointly can exclude up to $500,000 of sale gain (IRC 121); divorced individuals, $250,000 each
Texas: community property under Family Code 7.001
The Texas Constitution, Article XVI, Section 15, defines community property. Everything acquired during the marriage is presumed community, and under Section 3.003 of the Family Code the spouse claiming something as separate property must prove it by clear and convincing evidence, a high bar. The house bought during the marriage is community even if only one name is on the deed and only one income paid the mortgage.
Practical consequence in Harris, Dallas and Bexar county courts: unless one spouse can buy the other out with proven separate funds or a refinance, judges routinely order the home sold and proceeds divided. Texas also has no alimony in the traditional sense (Chapter 8 spousal maintenance is narrow and capped), so the home equity is often the largest financial lever either spouse has.
Ohio: the equal-division presumption of R.C. 3105.171
Ohio Revised Code 3105.171(C) states that marital property shall be divided equally, unless an equal division would be inequitable. Subsection (F) lists the factors that move a court off 50/50: duration of the marriage, assets and liabilities of each spouse, the desirability of awarding the family home to the custodial parent, liquidity of the property, tax consequences, and costs of sale, among others.
Two Ohio specifics worth knowing. First, 3105.171(F)(7) explicitly makes the cost of selling the house a factor, meaning an Ohio judge is legally required to think about what a sale nets, not what Zillow says. Second, Franklin County (Columbus) and Cuyahoga County (Cleveland) each run dedicated Domestic Relations divisions, and their standard temporary orders typically freeze both spouses from selling or borrowing against the house mid-case without agreement or court order. A sale during the case is possible, but it happens by joint agreement filed with the court, which is exactly how cash sales during Ohio divorces are done.
One written number both attorneys can work with. Written numbers, licensed title company closings, zero pressure.
Georgia: judge-made equity after Stokes v. Stokes
Georgia is an equitable division state by case law, not statute. Stokes v. Stokes (Ga. Supreme Court, 1980) established the doctrine; later cases confirmed there is no presumption of an equal split. Only marital property is divided (Payson v. Payson, 274 Ga. 231), separate property stays out, and the jury or judge weighs each spouse’s contribution and conduct. Georgia is also one of the few states where either party can demand a jury trial on property division, a wild card that pushes most Fulton, DeKalb and Gwinnett county cases toward settlement.
The practical Georgia rule: because outcomes are the least predictable of the three states, Georgia attorneys push hardest for the spouses to settle the house between themselves. A signed settlement agreement about the home, entered into the decree under OCGA 19-5-13, beats gambling on discretion.
What is identical in all three states
Both spouses on the deed must sign the deed to sell, no exception. The mortgage contract survives the divorce untouched: Fannie Mae and every servicer will hold both borrowers liable until payoff or refinance, regardless of what the decree says, because the lender never signed your decree. And in all three states, a sale by agreement during the case, with proceeds held or split per a signed stipulation, is a routine, court-recognized move that attorneys use precisely to stop the bleeding early.
Quick answers
Can one spouse sell the house without the other in OH, TX or GA?
No. If both are on the deed, both signatures are required in all three states. If only one is on the deed but the house is marital or community property, the non-titled spouse still has rights the title company will require to be addressed at closing.
Does it matter whose name is on the mortgage?
For ownership division, little. For liability, everything: both named borrowers stay liable to the lender after divorce until the loan is refinanced or paid off at sale. A decree does not remove a name from a mortgage.
Is Texas really an automatic 50/50 split?
Not automatic. Section 7.001 requires a just and right division, and courts can weigh fault and earning disparities. But because the community presumption is strong, the house equity usually lands close to half each unless separate property is proven.
If the house has to convert to money before either of you can move on, get the real as-is number first: our divorce sale process produces a written offer both attorneys can file with a stipulation, usually within 24 hours. Or book a confidential call and ask exactly how a mid-case sale works in your county.