Do I Have to Sell My House in a Divorce?

Posted on January 11, 2017 | Back to blog

Adviceselling a house during divorce

Do I Have to Sell My House in a Divorce?

Going through a divorce is tragic. One of the biggest concerns in a divorce is what to do with the family home. The family home may end up being one of the biggest assets that a couple can have together so it does usually end up being one of the key elements in a divorce settlement.

Emotions can run high when discussing dividing assets, which can cause even further stress. The partner who wants to keep the home is often attached to the home because it may have been their first home, or the home they raised the family in. Often, dealing with selling a home in the middle of dealing with a divorce can simply wreak havoc on day to day activities. In some cases, the partner wanting to stay in the home may need to buy the other partner out of the home to keep the home.

For the partner who wants to sell the home, selling may seem like the only option. Many times, it may be difficult for one spouse to afford the mortgage, taxes and insurance without the other spouse’s income. In this case, selling the home relieves a huge financial burden. Other times, being attached to the home is a symbol that brings up painful memories and that partner may see selling the home as getting a fresh start.

Selling a House During a Divorce

There is no set-in stone way to divide assets. Most times the decisions regarding the family home must be an agreement between spouses. If spouses cannot make an agreement, the court can intervene and determine what they feel is reasonable for both parties. Many times, this can mean can order the sale of the home if it is the most reasonable conclusion after examining all the factors surrounding the divorce.

Once the divorce petition is filed, there are usually court orders that prohibit the sale of the home until there is a written agreement or court order on file. It is always recommended that if you are seeking legal advice, that you speak with a qualified attorney or mediator. If both spouses have trouble coming to an agreement, mediation is an alternative that can help ease negotiations.

When coming to settlements regarding the sale of the house, there are a lot of factors that will need to be discussed between spouses that can cause even further disagreements. This includes issues such as how a real estate agent will be chosen, what price to set, how the money from the sale will be split and how repairs will be handled. A qualified divorce attorney will have the expertise to address many of these questions during mediation or court proceedings.

Sell a House Fast During a Divorce

Once the decision is made to sell the marital home, there are options to take some of the pressure off both parties by selling the home fast. By selling fast, you can purchase a new home faster which is important because it is only fair that both you and your former spouse can have somewhere to live. One of these options is to sell to a real estate investor to free up time and save yourself the dread of negotiating any further details. Selling your house fast to We Buy Ugly Houses gives you the freedom to sell your house as-is, with no repairs needed. We have been helping people going through similar situations for more than a decade. We treat cases of divorce with the care and consideration to make the hassle of selling your house as easy as possible. Call today for a no obligation quote to see if this option is right for you.

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