Skip the Stress. Get Expert Divorce Real Estate Help. Schedule a Consultation
Understanding Your Rights and Options
The short answer is yes—you can sell your house during divorce. However, the process and requirements depend on your specific situation, state laws, and whether both spouses agree. This guide explains when you can sell, what's required, and how to proceed.
If both spouses agree to sell, you can proceed with the sale. This is the simplest scenario and allows you to move forward quickly. You'll need to coordinate on listing, pricing, and proceeds distribution.
You can sell before your divorce is final, but you typically need both spouses' agreement or court approval. Selling before divorce finalization may have tax advantages (higher exclusion amount if filing jointly).
After divorce, the sale may be specified in your divorce decree. If the decree orders the sale, you must proceed according to its terms. If not specified, you may still need both parties' cooperation if both names are on the title.
If spouses can't agree, the court can order the sale. This is called a "partition sale" or "forced sale." The court may appoint a neutral real estate agent to handle the transaction.
Learn more: Court-Ordered Home Sale
If both spouses are on the title, you typically need both signatures to sell. This is true even if only one spouse wants to sell. However, court orders can override this requirement.
Depending on your situation and state laws, you may need court approval to sell during divorce. Your attorney can advise on whether court approval is required in your case.
If you have a settlement agreement, it may specify sale terms, timeline, and proceeds distribution. You must follow these terms when selling.
In Nevada, a community property state:
If one spouse refuses to sell, you have options:
Learn more: One Spouse Won't Sell
When you sell affects taxes:
Learn more: Capital Gains Tax Guide
If you want to sell your house during divorce:
Selling during divorce is possible, but it requires understanding legal requirements and coordinating with your spouse and attorney. Dr. Jan Duffy helps you navigate this process, ensuring all requirements are met and the sale proceeds smoothly.
Schedule a confidential consultation with Dr. Jan Duffy to discuss your situation and learn how to proceed with selling your house during divorce.
Schedule Your ConsultationGet an instant home valuation to understand your equity position for divorce property division negotiations in Las Vegas.
Schedule a confidential consultation with Dr. Jan Duffy today.
Schedule a Confidential Consultation