Going through a divorce is often an emotional roller coaster with a lot of uncertainty and issues to sort through. Selling a house is not so straightforward as it involves several considerations.
Whether settling a mortgage, refinancing, transferring to one partner, or putting it up for sale, financial, legal, and emotional factors could impact the sale of the family home. This condensed guide* offers some steps you should consider if you are thinking of selling your house.
Unravel the Legal Knots First
Before you can even think of putting your house on the market, both of you should sit down and review the financial aspects. If there is an outstanding joint mortgage, you are both liable to pay it off. Dividing both property and debt during a divorce falls to your attorney. The complications of dividing assets aside, the process of a divorce real estate sale is no different than a traditional home sale.
One Of Three Outcomes Will Occur During This Time
- Can One Spouse Afford To Keep The House?
The first step is to decide who, if either of you, wants to keep the house and can afford to do so on their own income after the divorce is finalized. - If One of You Decides To Keep The House.
Work out the details of transferring ownership in your final divorce settlement. Consult your mediator or attorney for this process. Ultimately, you will need to refinance so only the spouse keeping house is on the mortgage. - If Neither of You Keeps The House.
Then it’s time to start planning to sell the house as part of your divorce settlement. You’ll need to work with a real estate professional to determine how much your house will sell for under current market conditions.
Decided To Sell? Hire The Right Real Estate Broker
This is NOT the time to casually reach out to your friend’s cousin who just got her real estate license. Selling a house during a divorce requires negotiation and relationship skills that most new agents simply don’t have. When going through a divorce and selling real estate, you are going to want to work with a real estate broker that has exceptional communication skills.
Given that there could be two parties that might not be getting along well anymore, you are going to want to work with someone who understands the nature of divorce and all the emotional baggage that comes with this stressful life event.
More Your Real Estate Broker Can Do For You
- Market Survey
Your Broker will conduct an analysis of the current market values of properties that are comparable to your house.
No Matter What Path You End Up Taking
Selling a house during a divorce is likely the most difficult real estate transaction you will ever endure. Don’t try to navigate these waters without the help of an experienced real estate professional.
*This guide is not intended as legal advice and you should consult your attorney before making any legally binding decisions.
Gayle Gahagan
Real Estate Broker
Accredited Conflict Resolution Specialist