*Please note that a 3% processing fee will be added to credit card payments
Schedule A Consultation



Should You Sell Your House Before a Divorce?

Should You Sell Your House Before a Divorce?

Should You Sell Your House Before a Divorce?

Divorce is a challenging time for a myriad of reasons. Along with the emotional turmoil, I recognize that many practical and financial decisions need to be made. One important question that often arises is whether selling the house before a divorce is the right decision. In this blog post, I will explore the factors to consider when making this decision and provide guidance based on my legal knowledge and experience.

Financial Considerations

It is crucial to consider the financial aspects of selling a house during a divorce. Selling the house before finalizing the divorce can help both parties achieve a fair division of assets. Here are some key factors to consider:

  1. Equitable Distribution: In many jurisdictions, marital assets are divided equitably between spouses during a divorce. Selling the house allows for a more straightforward division of proceeds, ensuring each party receives their fair share.
  2. Mortgage and Debt: Selling the house can help alleviate the burden of joint mortgage payments, allowing both parties to move forward with their lives independently. It also helps address any shared debts associated with the property.
  3. Future Financial Obligations: Owning a house involves ongoing expenses like mortgage payments, property taxes, and maintenance costs. Selling the house can relieve both parties of these financial responsibilities, allowing them to start fresh.

Legal Implications

Before making any decisions, I stress the importance of consulting with an experienced divorce attorney such as myself, Scott A. Hamblin. My team and I will guide you through the following aspects:

  1. Marital Property Laws: Understanding the specific laws in your jurisdiction is vital, as they vary from state to state. I, as an experienced attorney, will ensure that all legal requirements are met and help protect your rights throughout the process.
  2. Timing: The timing of selling the house can be crucial. It’s important to consider how selling before or after the divorce is finalized may impact the division of assets and tax implications.
  3. Child Custody: If children are involved, the sale of the marital home may have implications on custody arrangements. Ensuring the best interests of the children are considered is paramount, and consulting with a family law attorney is recommended.

The Drawbacks of Selling Your House Before Divorce

Listing your house for sale before finalizing a divorce can potentially prolong the dissolution process. In today’s market, certain homes may take longer than anticipated to sell, especially high-priced properties commonly owned by high-net-worth couples. It is important to consider that selling the home prior to the divorce can add additional strain to an already distressed relationship. Critical decisions such as selecting a realtor, determining the asking price, and evaluating offers will require cooperation between you and your spouse. If the sale of the home is part of your equitable distribution settlement, it is typically necessary to wait until the sale is closed before finalizing the divorce. However, it is possible to include a provision in the divorce decree that outlines the future sale of the home.

Contact an Experienced Divorce Lawyer

Deciding whether to sell your house before a divorce is a complex decision that requires careful consideration of both emotional and financial factors. While it may be challenging, it is essential to approach this decision with a focus on finding the best possible outcome for all parties involved.

I understand the complexities of divorce proceedings, and I offer compassionate legal guidance and personalized solutions to help you navigate through this difficult time. Contact me today for a consultation.

Share this post :

He’s On Your Side

Scott will keep you up to date on all important developments in your case. When you need to get in touch with him, he will be there to answer your call or return it promptly.

Schedule a Consultation


Scott A. Hamblin

Top-Rated Trial Attorney

What Our Clients Say

Your Case in
Capable Hands

Contact Us

For accessible and experienced representation, contact attorney Scott Hamblin today.

  • This field is for validation purposes and should be left unchanged.