Selling a House During a Divorce in 2022

An arrangement for selling a house is agreed during a devorce settlement.

A divorce may be one of the most challenging things you go through in life. While mourning the loss of your marriage, you will need to separate your life and living situation from your ex-spouse. Are you struggling with selling a house during divorce? 

Many divorcing couples decide to sell their marital home and purchase a separate property after they go through a divorce. However, do you need to complete a home sale? If you have children, you may want to keep the family home. 

You may need to speak with your divorce attorney and agree to a divorce settlement in these cases. On the other hand, you may want to sell and buy a new real estate property for your family. You can always split the proceeds from the buyout. If you have any property liens or need to pay off the mortgage lender, the sale price should cover it. 

If you’re selling a house during divorce, the tips below should help. Follow the steps below to get fair market value for your home.

Divorce and Selling a House

Along with the emotional distress that comes with divorce proceedings, the financial costs of divorce can strain any individual. The average cost of divorce today is about $15,000 in the United States.

Splitting up assets is never easy, especially when it comes to splitting community property like a marital home. What do you do if one of you wants to sell the house while the other wants to keep it? Or what if both ex-spouses want to keep the home?

With the help of a family law attorney, you may find out that the best choice is to sell the marital property and split up the proceeds.

For instance, there are major issues you may run into if you refuse to sell the house. These issues include:

  • The refinance process from a spouse-to-spouse sale is more complex and difficult than merely selling a house during divorce.
  • Splitting equity fairly is challenging when you still have a balance on the mortgage or property taxes to cover.
  • The spouse with the home needs to cover the mortgage payments on the home without the former spouse’s income.

If you decide to sell the home, you will need help from a real estate agent with expertise in these house sales. 

Do You Have to Sell a House During a Divorce

You do not necessarily need to sell a house or work with a realtor during a divorce. However, whoever keeps the house will need to afford it on a single income and manage the upkeep of the property. 

In these cases, where one spouse keeps the house, that former spouse will likely need to buy out the other one’s share and equity in the home. However, when the home sale is part of the divorce proceedings, you will likely not have to cover the potential capital gains tax. 

However, if you plan to sell the house after buying out your ex-spouse, you may have to pay the capital gains tax. Yet, you may have a chance to avoid the capital gains price if you have lived in your house for at least two years.

You may need to talk with a tax professional before you decide whether to keep your house or sell it. You will also need to consider the costs and obstacles with refinancing the house during your buyout. 

You will also need to consider the house’s value and how much it can fetch in the real estate market. Then, if you decide to sell the property, follow the steps outlined below when selling a house during a divorce.

Selling a House During a Divorce

When selling a home after a divorce, you will need to pay off the mortgage, the real estate agent’s commission fees, and any equity lines once you complete the home sale.

There are benefits to selling a home after divorcing. For example, both you and your former spouse will get more money to start your new lives apart. It allows you to split the equity in the home and start over. 

The steps you need to follow when selling a house during a divorce are not much different than in other scenarios. First, you need to find the right real estate agent to meet your needs. 

You don’t want to sell your property without the help of a realtor during a divorce. The extra stress will not leave you with a home sale at a good price. Instead, you may want to seek out the help of the realtor who helped you buy the house in the first place.

If you’re having trouble picking a real estate agent together, you may need to ask close friends or relatives to help you choose a realtor. 

The next step is to work with your realtor to decide your home’s asking price. Having your realtor decide the asking price means you don’t have to battle out that decision during your divorce.

You will also need to stage the house and prepare it for showings. That often means completing minor renovations, painting the house, and decluttering. You may also need to thoroughly clean the carpets to ensure the home looks great to potential buyers.

Below, read through a few other essential steps explaining how to sell a house during a divorce.

How To Sell a House During a Divorce

A couple is contemplating divorce and selling their house.

When you sell a home amid a divorce, you will need to decide whether to complete some home improvements or whether to sell the place in its as-is condition. 

Selling a house as is can get complicated when looking for buyers, but cash home-buying companies or real estate investors can simplify the process. These buyers purchase properties in their current conditions, often renovate the place and flip it in a sale.

After home improvements, you will need to get a realtor to help you with the sale and pay for real estate photography, marketing, online listings, and staging services.

After setting an asking price, your realtor can start showings of your home and hold an open house. Additionally, you may want to sell the house more quickly with the help of real estate investors. 

When it comes to accepting an offer, both spouses need to agree to it. Check out the details of the offer before saying yes. If you’re unhappy with the original home sale offer, you may also want to put forth a counteroffer.

If you still have mortgage payments on the home, you will need to decide how to divide the payments before the house is sold. Further, you need to split the costs associated with selling your place, including the fees for home renovations, realtor commissions, professional photography, and staging services.

You will also need to split the closing costs, liens or property taxes, and possible equity lines of credit. In addition, you should sell your house at the right time. The best times to sell a house include:

  • During a seller’s market
  • In the spring, which is when most home buyers are looking to purchase a house
  • Before going through divorce proceedings and going to court
  • Before the capital gains tax exclusion runs out

How To Remove a Name from a Deed After a Divorce

If your former spouse has bought out the house from you, it’s important to remove the name from the deed on the property. The best way to do so is for your ex-spouse to refinance the home loan and deed. To do so, the ex needs to remain in good financial standing and employment.

However, if a homeowner is unemployed or doesn’t have enough finances, it may not be possible to refinance the loan. If your former spouse has not refinanced and removed your name from the deed after divorcing, you may want to pay the legal fees to get a court order for your ex to remove your name from the deed and loan by refinancing.

The best steps to follow when removing a name from a deed after divorce include the following:

  • Checking the divorce decree to see how to divide real estate property
  • Getting a copy of the deed before removing the relevant name
  • Obtaining a new deed to transfer the home’s ownership
  • Sending the new deed to the relevant records department
  • Holding a copy of the deed to prove the new ownership 


Selling a house during divorce is never an easy process. However, with the advice above, you should succeed in the home sale process and move on with your life. You can either sell your house as is or pursue home improvement projects.

When selling a Texas property in its as-is condition, you may not need to work with a realtor and try selling a house by owner. When doing so, you should find real estate investors or cash home buyers in Texas. If you need to sell a house fast in Marion after a divorce, seek out cash home buyers who can complete a sale in only a few weeks.
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