Which Dallas-Fort Worth counties have divorce standing orders?

Dallas, Collin and Denton counties have adopted standing orders in family law cases, as have Rockwall, Kaufman and Ellis. Tarrant County is commonly reported not to, so a requested temporary restraining order is the usual substitute there. The orders are similar in purpose but differ in wording by county, and they are revised periodically.

When does a divorce standing order take effect?

It binds the filing spouse the moment the petition is filed and binds the other spouse once they are served. No party requests it and no hearing is required. It is a court order, so violations can be enforced and can result in contempt.

Can one spouse list the marital home without the other?

Not in a pending case where both spouses are on title. Both parties sign the listing agreement and both sign the contract, and the standing order restricts dealing with marital property in the meantime.

Standing Orders and the Marital Home: What Filing for Divorce Does to a DFW Home Sale

Q: Can we sell the house while the divorce is still pending?

Often yes, but not unilaterally. County standing orders restrict dealing with marital property while a case is pending, so the authority to sell generally comes from the written agreement of both parties or from an order of the court. Confirm which applies with your attorney before the property is listed.

Q: Does a standing order affect refinancing the house in a divorce buyout?

A refinance encumbers the property, which is the kind of transaction these orders restrict while a case is pending. The timing of the financing relative to the decree matters both for the standing order and for how the loan is structured, since an owelty lien created in the decree is what allows the refinance to be treated as rate-and-term rather than a Texas cash-out.

The day a divorce petition is filed in Dallas, Collin or Denton County, a court order takes effect that neither spouse asked for and neither has to sign. It is called a standing order, and among other things it restricts what the parties can do with their property while the case is pending. That includes the house. If you are planning to sell or refinance the marital home, this is the first thing to understand, because it governs what is possible and when.

I am a REALTOR, not an attorney. Your county's standing order is a court order and your attorney is the authority on how it applies to your case. What follows is the practical effect on a home sale, and how listings in these counties actually get done.

What a standing order is

The Dallas County standing order states its own nature plainly: no party to the lawsuit requested it. It is a standing order of the Dallas County District Courts that applies in every divorce suit and every suit affecting the parent-child relationship filed in Dallas County, adopted so that the parties, their children and the family pets are protected and their property preserved while the case is pending. The current version was revised January 31, 2026, so if you are reading a copy someone handed you last year, check that it is the current one. The official document is published by the Dallas County District Clerk.

Collin County's district courts have their own version, titled the Standing Order on Children, Property, and Conduct of Parties, published through the Texas Judicial Branch local rules portal. Denton, Rockwall, Kaufman and Ellis counties have adopted standing orders as well. The orders are similar in purpose and different in wording, which is why the one that matters is the one for the county where your case was actually filed.

Tarrant County is commonly reported as not having a standing order, which is why Fort Worth-side cases often involve a requested temporary restraining order instead. Confirm that with your attorney rather than assuming it, since local practice changes.

Timing is worth noting: the order binds the filing spouse the moment the petition is filed, and binds the other spouse once they are served. Violating it is contempt of court.

What this means for the house

The property provisions of these orders are aimed at preserving the marital estate, and they generally restrict selling, transferring, encumbering or giving away property while the case is pending. Read literally, that describes almost everything involved in putting a house on the market and closing on it.

It does not mean the house cannot be sold during the divorce. It means the authority to sell has to come from somewhere: typically the written agreement of both parties, or an order of the court. That is a conversation with your attorney before a listing agreement gets signed, not after an offer comes in.

The same logic reaches the buyout side. A refinance encumbers the property. If one spouse intends to keep the home and refinance to pay the other out, the timing of that financing relative to the decree matters both for the standing order and for how the loan is structured, which is covered on the owelty lien page.

Two more provisions catch people. These orders commonly restrict canceling insurance and utilities. If one spouse moves out and the other assumes nobody needs the policy on a house that is being listed, that is both a standing order problem and an insurance problem, because many policies have vacancy clauses. And where the order restricts changing the character or condition of property, significant pre-listing renovation is worth clearing first, even though ordinary maintenance and repairs are normally expected of whoever is living there.

How a listing actually proceeds in these counties

The sequence that avoids problems is not complicated, it is just rarely explained:

Your attorney confirms what authority exists to sell: agreement of both parties in writing, temporary orders, or a later order directing the sale.
Value comes next, because everything else is calculated from it. I prepare a Broker Price Opinion at no cost, and it can serve the settlement conversation as well as the list price. The home value analysis is the starting point.
Both spouses sign the listing agreement. Both are on title, so both are the seller.
Terms that usually get overlooked go in writing at the outset: who pays the mortgage, taxes, insurance and utilities while the property is listed, who maintains it, how showings are scheduled around an occupied home, and how proceeds are disbursed at closing.
Both spouses sign the contract and the closing documents. A sale cannot close on one signature when both are on title.

Where the court has ordered the sale, the order itself usually supplies several of those answers, including the listing deadline, the price or the basis for setting it, a floor for acceptable offers and a reduction schedule. I work within those parameters and document compliance for both parties and counsel. The neutral listing protocol I follow is described on the page for family law attorneys.

What this means for your timeline

Two practical consequences. First, a house in a pending divorce is not a house you can list on a week's notice, so if a spring market matters to you, the authority question needs answering in winter. Second, buyers and their agents care about certainty of closing. A seller who can demonstrate clear authority to sell and two cooperating signatures is in a materially stronger position than one who cannot, and this is one reason the divorce itself should never be disclosed in the listing.

Common questions

Can we sell the house while the divorce is pending?

Often yes, but not unilaterally. The standing order in your county restricts dealing with marital property, and the authority to sell generally comes from the written agreement of both parties or from a court order. Your attorney confirms which applies before the property is listed.

Does the standing order stop one spouse from listing the house without the other?

Between the standing order and the simple fact that both spouses are on title, a unilateral listing is not something I will take in a pending case. Both parties sign the listing agreement, and both sign the contract.

Which DFW counties have standing orders?

Dallas, Collin and Denton counties have them, as do Rockwall, Kaufman and Ellis. Tarrant County is commonly reported not to, meaning a requested temporary restraining order is the usual substitute there. Verify with your attorney for your specific case.

What happens if a spouse violates the standing order?

It is a court order, so violations can be enforced and can result in contempt. From the real estate side, the practical version is that a party who removes fixtures, blocks access, or cancels insurance on a listed property is creating a record, and I document those events in writing to both parties and counsel as they happen.

Does the order stop us from making repairs before listing?

Ordinary maintenance and upkeep of the home are normally expected. Significant renovation or anything that materially changes the property is worth clearing with counsel first. Presentation still matters, and basic preparation is covered under the marketing plan used on these listings.

Where to start

Read your county's order in full, and ask your attorney what authority exists to sell or refinance before any real estate decision gets made. When you are ready for the valuation piece, I prepare Broker Price Opinions for divorce proceedings across Dallas, Collin, Tarrant and Denton counties at no cost and no obligation, with 480+ closed DFW transactions behind the number and 13 professional designations including the PSA pricing certification. Service is available in English, Hindi, Punjabi, Urdu and Gujarati.

The wider picture is on the divorce real estate specialist page, and the options for the house itself are laid out in the guide to selling a house during divorce in Dallas. To talk it through confidentially, call 469-269-6541 or reach out here.

This page is general information about how county standing orders affect a real estate decision. It is not legal advice, and standing orders are revised periodically. Your attorney and the current order filed in your county control.