Sell Your House During a Divorce

Who has to agree to the sale

If both spouses are on the deed, both generally must sign to sell. Even if only one spouse is on title, the other may still have rights. In Florida, a spouse must usually join in the sale of a homestead property even if they are not on the deed. If a divorce case is pending, the court may have issued orders about the home, so check with your attorneys before signing a contract.

Common ways couples handle the house

• One spouse buys out the other and refinances the mortgage into their own name.
• The couple keeps the home jointly for a period, often until the children finish school.
• The couple sells and divides the proceeds as agreed or as the court orders.

Why many divorcing couples choose a direct sale

• One offer, delivered to both spouses at the same time, keeps the process transparent.
• There is no need to agree on repairs, staging, a listing agent, or price reductions.
• There are no showings in a home where one or both spouses may still live.
• The closing date can line up with the divorce settlement.
• The title company disburses the proceeds according to your written instructions or court order.

How we keep it neutral

We communicate with both spouses, or with each spouse's attorney, and put everything in writing. We do not take sides or pressure anyone. If one spouse is not ready, the offer can wait until both are.

Taxes and the mortgage

Married couples who meet the ownership and use tests can often exclude up to $500,000 of gain on a primary residence, and individuals up to $250,000. Timing can affect which applies, so ask a tax professional. Selling also pays off the joint mortgage, which removes both spouses from the loan. A buyout alone does not do that unless the loan is refinanced.

Frequently asked questions