I know this isn�t the correct place to ask this kind of question. But got 2 different answers from lawyers. Real quick, we have decided to do a non contested divorce, and at this present time we are civil. I know that has an option to change when we actually get down to some of it. We hope not, but who knows.
We haven�t actually �hired� lawyers and neither really want to honestly.
Wife did have a lawyer draw up the petition to have notorized and send through the courts. I read it and just wanted to make sure so I consulted a lawyer just to answer a couple questions.
Her lawyer in the consultation told her to actually wait till divorce is final before selling the house
The one I consulted said the opposite, said sell the home before hand
My question is...

Has anyone been through this lately and if so, how did you do it?

Divorce is an accounting exercise

In the division of assets, which is detailed in your petition, who gets the house?

No children involved in the divorce I hope

Don't matter how much you make or don't make. She's entitled to half.

Not if it's uncontested - in that case the parties just agree to a settlement and the judge signs off on it.

Besides that, it's a lot more complicated than just 1/2 of everything. She isn't entitled to assets he owned before the marriage, or to certain things like inheritances, etc.

I had an uncontested divorce. We went to one lawyer, who drew up all the papers. I was the complainant, so she signed her part of the papers and then that was it for her. I went with the lawyer to court, said "yes" to about 5 questions, the judge said OK and that was it. My ex didn't even have to show up. It was about 3 minutes in court.

In my case the house had no real value because it was about 100% mortgaged (the housing market had just gone down quite a bit), so I got the house. In today's housing market, you could easily sell it before the divorce is final. I think what I would do, to be safe, is one of the following:

1. One of you buy the house from the other - agree on a value and one of you pay to the other 1/2 of the difference between the value and the mortgage. The judge can OK it and order the deed record to be updated as part of the proceedings as long as the lawyers do their part correctly (this is basically what I did but the payment amount ended up being zero so I paid her nothing and the deed was changed to just be in my name).

2. Sell the house and put the proceeds in an escrow bank account, and the day of the divorce close the account and each take 1/2 of the money. Agree that if it doesn't sell before the divorce is finalized, the proceeds will be paid into an escrow bank account to be split evenly once funds clear.

I know exactly how a divorce works, my last one only cost me a little over $300k
My comment about her being entitled to half was in jest. Just about a sure bet when she realizes she's not going to get what she thought it will turn ugly.

Incorrect

Assets acquired before marriage are separate property, like vehicles, houses, etc.

Inheritance in Texas is also separate property

Bank Accounts can be separate If you don't comingle funds or put your partner name on the account

Next Time do a Pre Nup and have her seek separate legal advice

Current wife earns more then double what I do. Why sell myself short with a pre-nup

I don't know anything about divorce except they can get ugly. So sorry you are having to go through this.

I would follow your attorneys advice and sell the house before the divorce is final if it becomes a cash buy out the one who will keep it will need to get a loan for the mortgage and equity buy out. A big caution is if the original loan is not paid off and she is awarded the house no court order can erase your liability on the mortgage. If it gets past due your credit is impacted and you will be contacted to pay. If you go to get another loan you will have to add the mortgage amount to your liabilities and the monthly payment to your expenses when trying for a new mortgage. It�s true a divorce can be final after 60 days of filing but it can delayed until outstanding issues are resolved. There are mortgage brokers that specialize in these type of loans.

This is the correct answer.

Here's more information on the subject than you probably want to know. It may help you decide which is better in your situation (both attorneys are 'right', but the answer depends on whose interests they're looking out for).

https://texaslawhelp.org/article/divorce-real-estate

Without knowing anything more than what you said, I find it is easier to divide up money in an escrow or bank account than it is to divide a piece of real property.

Burn the house down.