The Complete Guide: Selling Your Home During A Divorce

Going through a divorce is an emotional and stressful time. You may not know what legal rights or responsibilities will come up for negotiation as part of your settlement agreement. So here are some things to think about before signing on the dotted line:

First thing first, selling a home and getting divorced at the same time can be overwhelming. The process can be difficult and confusing, but I’m here to help. This guide is not intended as legal advice, and you should consult your attorney before making any legally binding decisions.

If One of You Decides To Keep The House

Before you both make any big decisions about selling your house, decide if one of you can afford to keep the house and all the other expenses that come along with homeownership that you may not be considering once the divorce has been finalized. For many couples, their home is the greatest asset they have, and it usually holds a fair amount of sentimental value. In some cases, one party desires to “win” at all costs because they see it as winning a significant battle. This is a wrong move because it will just burden the person somewhere down the road.

If Your Spouse Decides To Keep It

To ensure an easy transition of transferring ownership, consult your mediator or attorneys to work out the details in your final divorce settlement. Eventually, you’ll need to consider renewing the terms in taking over the loan. The spouse who wants to keep the home must be financially capable to be qualified. If so, it removes the other spouse from the liabilities. 

If Both of You Wants To Sell It

As much as one or the other may want to keep the home, though, many times, the situation demands getting rid of it. 

Working with a real estate professional is the best way to make sure you determine how much your home will sell for under current market conditions. You should have decided how the money from this sale will be divided before it happens. Also, hiring an attorney will give you peace of mind regarding this decision-making process. Let them guide you to set up whatever split of the equity is appropriate for your situation. Once this is decided, this is where a reputable real estate agent comes in. Follow the advice and know how to compromise.

Consider a “Short Sale” If You Owe More Than The House Is Worth

If you are not in the position to sell the house and the profits have been split, you may want to consider a “Short Sale.” A short sale is your last-resort effort to avoid foreclosure. It occurs when a homeowner in dire financial trouble sells their home for less than they owe on the mortgage. Worst case scenario, foreclosure may be the only way to dissolve ownership during the divorce if one spouse can’t refinance the house on their own; if you can’t sell the house and split the equity, and if you can’t arrange a short sale.

Finding the Best Realtor To Deal With Is Important

When selling a home and getting divorced, selecting  the best realtor to deal with is an incredibly important decision. Selling a home during an emotional and difficult time like the divorce process is likely the most difficult real estate transaction to undergo.

The Realor you choose to work with should have a certain level of patience, exceptional communication and good negotiation skills. Considering the fact that there could be two parties that aren’t on good terms anymore, you are going to want to work with someone who understands the nature of divorce and all the emotional issues that come with this stressful life event. Someone who knows that it’s his/her job to serve both of you to get the home sold as soon as possible.

I hope this free guide was able to help you!

I’m here to help answer any questions you might have about selling your home.


Hiring a realtor to help you sell your home is one of the smartest decisions you can make. With great honest reviews and knowledge, agents are equipped with the tools and resources you require to get your home sold fast – and for top dollar.

Thinking of sell your home? Reach out to Jennifer Davis today to get started.

Jennifer Davis EXP Realty



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