Over 30 Years Experience Focused In Divorce & Family Law

Should we sell our house prior to divorce?

by | Dec 4, 2023 | Family Law |

Navigating the turbulent waters of divorce is a challenging process. Among the myriad decisions to be made, one of the most significant is whether or not to sell your house prior to finalizing the divorce. This decision carries both potential benefits and drawbacks that must be carefully weighed.

Benefits and Drawbacks of Selling a House Before Divorce

One of the key advantages of selling a house before divorce is the equitable division of equity in the home. By divesting the shared asset, you can ensure each party receives their rightful share of the proceeds, thereby avoiding disputes over property division.

Moreover, from an emotional perspective, selling your home can provide a fresh start for both parties. This action enables you to establish new, independent living arrangements, alleviating the stress of sharing a space during a time of separation.

However, it is equally important to consider the potential drawbacks. The process of selling a house can be complex, particularly during a divorce. Cooperation from both parties is required, and disagreements over details such as listing price and timing may arise. Additionally, selling a house before a divorce can entail additional legal fees due to the involvement of real estate agents, appraisers, and other professionals. 

Alternatives to Selling a House Before Divorce

If selling your house prior to divorce does not seem like the best option for you and your spouse, there are alternatives that may better suit your situation. One possible alternative is for one party to buy out the other’s share of the home. This can be done through refinancing or by using other assets as leverage. Another option is to retain joint ownership of the property and rent it out until a later time when selling may be more feasible.

Selling Your House During Divorce: Important Steps to Take

Should you decide to sell your house during the divorce process, there are actionable steps that can be taken. First and foremost, the guidance of an experienced divorce attorney like Michael A. Robbins is invaluable. With over 30 years of experience in divorce and family law, Mr. Robbins can provide reliable advice, negotiate the terms of the sale, ensure a fair division of proceeds, and navigate any legal complexities that may surface.

Effective communication between both parties is also crucial. Agreement on a mutually beneficial listing price and timeline can facilitate a smoother process. Involving a real estate agent who specializes in divorce sales may also be advantageous to guide you through the process.

Contact us for Guidance

While selling a house prior to divorce presents both benefits and potential challenges, it can be a viable option for those seeking an equitable division of assets and a fresh start. However, this decision should not be taken lightly. It is imperative to seek the guidance of an experienced divorce attorney and work together to ensure a fair and smooth process. At the Law Offices of Michael A. Robbins, your interests are our top priority. With our extensive experience in high-asset divorces and complex property divisions, we are well-equipped to guide you through this challenging time. Contact us to schedule a consultation.