Sell My House During a Divorce

A divorce often comes down to one big shared asset. If you and your spouse have agreed to sell your house, the next problem is doing it without dragging the stress out for months.

Settle these points first

Who is on the title, and who is on the mortgage? Those two lists are not always the same, and both matter. Is there a court order or a settlement agreement that says who may sell and how the money is split?

Sorting this out with your attorney before a buyer is involved saves arguments later. A sale that both people have signed off on is far easier to close.

Why a quick sale appeals

Keeping a house on the market means showings, open houses and months of living in a space that is no longer a shared home. A buyer who purchases directly can shorten all of that.

A direct sale usually means a lower price than a long listing, so it is worth talking through that tradeoff together.

The mortgage question

If one spouse wants to keep the house, the mortgage is the sticking point. The CFPB notes that federal law generally bars lenders from enforcing a due-on-sale clause for certain transfers after divorce. Even so, many homeowners report that servicers push refinancing instead, so check your loan terms and ask your servicer what it will require.

If neither of you can or wants to keep the home, selling it and paying off the loan from the proceeds ends the question.

Getting matched

Tell us on the form that the sale is part of a divorce, and give us a sensible time to call. We refer your details to a buyer or other professional. We do not give legal advice, and your attorney should review any offer.

See our guide to selling without a realtor.

Common questions