Divorce. When relationships begin, no one envisions separation, yet it’s unfortunately a common reality. The American Psychological Association reports that approximately 40 to 50% of first marriages in the United States end in divorce. But what happens to shared assets like your home during this difficult transition? Is property always divided equally between former spouses?
Can You Divorce Without Selling the House?
When handling the family home during divorce, several options exist. Your first step should be informing your attorneys and the Court about when and how you acquired the property. This crucial information determines whether the house must be sold with proceeds divided equitably, or if the house isn’t considered marital property at all.
If the Court classifies the property as “separate property”—meaning it was purchased before marriage, received as a personal gift or inheritance, or bought with separate assets at any time—the spouse typically has no rights to this property in both community and equitable distribution states. Exceptions may exist, such as when improvements significantly increased the property’s value. An attorney can help determine whether a property qualifies as separate or marital.
A court will look at several factors to decide who gets the house, including:
The current market value of the property.
The financial circumstances of each spouse.
The employability and income potential of each partner.
Both physical maintenance and financial contributions to the marital home.
The age and physical and mental wellbeing of each spouse.
The amount of time each partner will have physical custody of any children.
Who Gets The House in A Divorce?
During divorce proceedings, state law governs asset division and significantly impacts how marital property is distributed. Most states follow equitable distribution principles, where a judge divides property in a manner deemed fair—not necessarily equal—based on various factors including each spouse’s contributions to the household (such as child-rearing responsibilities).
Nine states operate under community property laws: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska also offers community property as an opt-in option. In these states, all assets acquired during marriage (marital property) are typically divided 50/50, with few exceptions.
When it comes to your marital home, several options exist that you, your partner, and/or the Courts might consider. These include:
One of the spouses buys out the other legal interest and keeps the home
For married homeowners in community property states like Texas, assets are typically split in half. However, this doesn’t necessarily mean selling your house. You can negotiate with your spouse in Court to pay off their legal interest in the property, allowing you to keep it. To complete this process, you’d need to become the sole person on the title within the timeframe specified by the Court after finalizing the divorce decree.
One spouse keeps use and occupancy of the home for a specified period; typically when the youngest child turns eighteen, then the house can be sold.
Many states allow the custodial parent to remain in the family home until the youngest child reaches eighteen. The Court determines whether the occupying spouse is responsible for the mortgage, bills, insurance, and other expenses. The property remains in their possession until all children reach adulthood, at which point the house would typically be sold and proceeds divided between former spouses.
Co-own the home
Divorce doesn’t always have to become an emotional and financial battleground. Co-ownership might be the best arrangement for your family’s wellbeing. If maintaining stability for your children is a priority, both parties could remain on the mortgage to minimize disruption. Consider a scenario where a husband works outside the home as the sole financial provider while his wife serves as the primary caregiver for their three children. Given her role as homemaker, she may lack the funds, employment history, or financial capacity to buy out her husband’s share of the property.
This arrangement offers benefits like family stability, but requires trust that the residing spouse will make timely payments. Otherwise, both partners’ credit scores could suffer negative consequences.
The house is sold immediately and any equity is split up
Selling the house outright can be the most straightforward solution. The property is listed at an agreed-upon price and, once sold, proceeds are divided either 50/50 or according to the Court’s determination. However, local market conditions, property condition, or title issues can significantly impact this process. If your area’s housing market is slow, the property needs extensive repairs, or there are liens against the title, a traditional sale might not be practical. In these situations, selling directly to a cash home buyer like Space City House Buyers could provide a faster, more convenient path to resolving the property issue and moving forward with your life.
Selling Your House During A Divorce?
Contact Space City House Buyers For Your No-Obligation Cash Offer Today!
Steps to Sell a Home During Divorce
1. Hire A Divorce Specialist Real Estate Agent
Before listing your property, you must first determine asset division through legal channels or court proceedings. Divorce often creates emotional turbulence for both partners. Allow experienced professionals who specialize in selling real estate during divorce to guide you through this complex process.
2. Agree On Home Sale Specifics
You and your partner must decide on your selling approach. Do you prefer a quick sale to divide assets and move forward, or would you rather invest time and money preparing the property to maximize its market value? If you cannot reach an agreement through your attorneys, court intervention may become necessary.
If you choose to invest in repairs and upgrades, establish clear agreements about expense sharing and how these investments will affect the final profit distribution. Before spending additional money, formalize these agreements through legal channels to protect your interests.
Financial considerations are just the beginning. You’ll need to address numerous logistical questions: How will the property be managed during the listing period? Which real estate agent will you use? What listing price is appropriate? Will the house be vacant or occupied until sold? Who handles mortgage payments and utilities? Who will prepare the property for showings and open houses? Whenever possible, resolve these issues through your attorneys before court involvement becomes necessary. This approach can save time and preserve more of your sale proceeds from being consumed by legal fees.
3. Know What to Expect in Order to Close the Sale
You and your former partner will need to set aside emotions to collaborate effectively when reviewing purchase offers. In markets with limited buyer interest, the decision process may be straightforward. However, in competitive markets with multiple offers, extensive negotiations through your attorneys and real estate agent may be required. To streamline this process, establish an offer evaluation strategy before listing the property. Whether you agree to accept the first contingency-free offer or prioritize maximum profit potential, reaching consensus before marketing the property is essential for a successful sale.
4. Divide the Proceeds
This final step should be the most straightforward. Whether through court order or legal settlement, the division of sale proceeds should already be clearly established. If any liens or financial obligations exist against the property, the escrow company will satisfy these debts before distributing the remaining funds, allowing both parties to move forward unencumbered.
OR
5. Sell Your House AS-IS to A Cash Buyer
Are you in a situation where communication with your ex-partner is difficult or impossible? Are you eager to conclude your marriage and begin the next chapter of your life? Is divorce-related stress overwhelming you, making a quick and straightforward property sale the best option? Selling directly to a cash home buyer like Space City House Buyers could be your ideal solution!
At Space City House Buyers, we specialize in helping homeowners navigate challenging situations, including divorce. Since 2017, we’ve been purchasing properties for cash throughout Houston and surrounding counties, regardless of condition or complicated circumstances. We focus on fast closings—as quick as 10 days—allowing property owners to resolve their situations much faster than through traditional real estate channels. We purchase houses as-is, meaning even properties needing significant repairs, with hoarding conditions, or title issues qualify for our fair cash offers. For couples enduring a painful and costly divorce, this approach often provides the most efficient path forward. Not only can you sell your house for a fair cash amount, but you can close quickly without the added stress of negotiating through attorneys and managing a complicated listing process.
Selling Your House During A Divorce? Contact Us For Your Cash Offer Today!
Space City House Buyers is a locally rooted real estate solutions company serving Harris, Galveston, and Brazoria counties. Since 2017, we’ve been helping Houston-area homeowners facing urgent and stressful property issues—including divorce situations. We specialize in the homes most buyers avoid: properties needing major repairs, with complicated title issues, or those requiring fast sales. If a direct home sale sounds like the best option for your divorce situation, let’s talk! Call us day or night at (713) 913-0890. We’ve built our reputation on buying houses with less stress, fewer fees, and complete transparency.
If you need to sell a property quickly due to divorce, Space City House Buyers offers a compassionate solution. Contact us today for a competitive cash offer on your house or rental property. As specialists in challenging situations that most buyers avoid, we’re often the call when others say no. Even if your property has been neglected or damaged, once you accept our fair cash offer, our team handles all necessary repairs—you don’t have to lift a finger! We make selling during divorce as stress-free as possible, with closings in as little as 10 days and absolutely no fees or commissions.