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How to Sell Your House Quickly in a Divorce: A Practical Guide

Colorado Property Partners • Jul 19, 2024

Divorce is a difficult and emotional period for anybody, and it frequently entails important decisions concerning personal and shared assets. Selling a home during a divorce can be a viable option for many couples, allowing them to sell their most valuable joint asset and move on individually. However, in order for both sides to transfer as easily as possible, you will need to consider a few essential factors. During a divorce, a financial advisor can assist you in assessing your assets and planning for your financial future beyond the marriage.


You do not want the stress of divorce to affect the marketability of your home. This guide will give you access to vital information that will make it easy for you to sell your home before or during your divorce.

How to Sell Your House Quickly in a Divorce

Selling a House Before a Divorce

There are no legal restrictions on selling a home prior to filing for divorce. Before you’ve filed, the transaction is exactly like it would be if you sold at any other point in your marriage. The benefit of selling before filing is you can both use the proceeds to find new living situations, pay off debts, and hire attorneys. (1) Selling the home before the divorce saves time, money, and hassle because you merely pay the standard real estate fees connected with any transaction.


If you wait until the divorce proceedings begin to list the house, each spouse will most likely submit the documents for evaluation to their respective attorneys and pay hourly fees. It’s easier if you sell the house before the divorce and escrow the proceeds because you’ll simply be dealing with cash. You have paid off the mortgage and do not object to the borrower’s indemnification.

Merits of Selling a House Before a Divorce

Cash Out Equity to Fund a New Future 

When your divorce is finalized, you’ll need to figure out how to finance your new single life. In divorce courts in a community property state, assets are normally divided equally, with a 50/50 split, unless a separate arrangement is in place. However, if there is a significant amount of equity in the house — which is likely to be your most valued marital asset — the money can go a long way toward funding your retirement. For example, the proceeds of your home sale can help you pay for a down payment on a new home, a short-term rental, or relocation expenditures if you’re moving across town, nation, or the world.

Reduce Mortgage Debt and Household Bills

During marriage, couples combine resources to make homeownership affordable. However, it can be difficult to pay the mortgage, electricity, upkeep, and other living expenses on your own. Selling the property before the divorce is an excellent option for couples who are unable to co-own the property or finance the mortgage, upkeep, or spouse buyout. Furthermore, if preserving the home strains your budget, the expense of neglected upkeep, unpaid taxes, or foreclosure will only increase in the long run. 



In fact, you may need the proceeds from your house sale to fulfill the terms of your divorce settlement agreement.

Let Go of Physical and Emotional Links with the Home and Marriage 

Your house is an extension of your physical body and sense of self, reflecting who you were, are, and wish to be. Selling the home you love, whether for sentimental reasons or because of its incredible facilities, may be heartbreaking. Nonetheless, it may be easier to move forward and build a pleasant and cooperative relationship with your ex if the ghosts of your failed marriage no longer haunt you. 



Encourage the consistency of co-parenting. Children gain from exposure to different ideas and the development of flexibility, but they must also understand that both households have the same basic expectations.

Move Beyond the Distribution of One of Your Major Marital Assets 

The more assets you can divide promptly and amicably, the less time and money you’ll need to spend litigating, paying court fees, and hiring an attorney. You don’t want to go through a controversial divorce where the homeowners utilize their house for revenge against each other. This is likely to be a couple’s biggest asset, and they should focus on getting the best price for it. So, the faster you can reach an agreement on the property sale, the sooner you can address minor issues – or more contentious ones.

Maximize Your Negotiation Power 

Maintaining privacy during your divorce might be tough. Not only is gossip bothersome, but it may also have a negative impact on your business. If buyers believe the divorce has left you desperate to sell, they will undoubtedly make lowball offers. One way to hide your divorce from purchasers is to keep the house clean and lived-in, with clothes in the closets, books on the shelves, and so on. 


However, if your divorce is likely to be the gossip of the town, you should consider a pocket listing or a cash offer from a we buy houses Evans CO organization rather than a public listing. Cash buyers can let you obtain a cash offer quickly while protecting your privacy.

Increase the Likelihood of Paying Less (or Avoiding) Capital Gains Taxes

One of the most significant tax benefits for married couples is the capital gains tax exemption. Typically, if you sell your property while legally married, you can deduct up to $500,000 in home equity from your capital gains tax. That is, as long as the sale occurs before the divorce is finalized, both spouses will most likely avoid paying taxes on their portion of the equity.

Steps for Selling Your House During a Divorce

Steps for Selling Your House During a Divorce

The tips below will help you sell your house quickly while dealing with the stress of a divorce.

Agree to Sell 

The first and possibly most significant stage in selling a house during a divorce is to reach a mutual agreement between both parties. This agreement can contribute to a smoother transition and lessen the likelihood of costly and protracted legal challenges. The decision to sell the marital house is typically motivated by factors such as an inability to divide the asset practically or a shared desire for closure and the opportunity to move on with their lives independently. Open discussion is required to create an agreement that respects both individuals’ interests. 



However, if a dispute arises over the sale, legal intervention may become necessary. Mediation or arbitration can be an effective technique to reach an agreement in this situation and avoid going to court.

Get the Home Ready to Sell 

Preparing a home for the market is a multidimensional process that includes repairs and improvements, as well as presenting the property in the best possible light to prospective buyers. Declutter and depersonalize living spaces, and if necessary, hire a professional stager. The use of neutral color palettes and minor improvements can also help increase the home’s marketability.

Choose the Right Time to Sell

As a general rule, after you’ve decided that divorce is unavoidable, you should arrange to sell your home as soon as feasible. By listing the property early on, you can maximize the amount of time it’s available and potentially attract more prospective purchasers. Moreover, you should also examine current real estate market circumstances and seasonality when picking the best time to sell. It may be advantageous to wait until the spring or summer months when the housing market tends to pick up, but this is entirely dependent on your divorce timeline.

Set a Logical Asking Price

Pricing your home correctly is critical for attracting potential buyers and achieving the best possible sale price. You can determine the fair market value of your home based on characteristics such as location, size, condition, and local comparable sales. It is crucial to remember that emotions can play a significant role in divorce sales, and one side may have excessive expectations about the home’s value. A reputable cash buyer can assist you by giving you access to objective data to support the asking price and overseeing expectations throughout the process.

Emotions Out of Sales 

Divorce sales can be emotionally charged, so it’s crucial to keep your emotions under control during the process. This can include setting clear boundaries with your ex-spouse, communicating effectively with your real estate attorney, and focusing on the ultimate objective of selling your house for the greatest price possible. If you’re having trouble managing your emotions during the sale process, consider working with a therapist or divorce coach for assistance and support. Maintain open channels of contact with your ex-spouse and prioritize reaching a mutually beneficial solution.

Consider Selling to a Cash Buyer

Selling your property for cash to respectable Evans CO cash home buyers might provide various advantages during a divorce sale. For starters, it can be a faster and more dependable option to sell your house, eliminating the need for financing contingencies or home inspections. Furthermore, cash purchasers are frequently eager to acquire homes in as-is condition, saving you time and money on repairs and upgrades. However, when selecting a cash buyer, you must conduct your own due research. 


Make sure to check the buyer’s reputation and confirm their capacity to buy your home for cash. Your real estate agent can guide you through this process and ensure you make an informed selection.

Settle the Mortgage

If there is an outstanding mortgage on the property, it must be resolved as part of the sale procedure. The proceeds of the sale are often used to pay off the mortgage obligation. It is critical to talk with your lender early in the process to understand any fines or procedures related to paying off your mortgage early. Clearing the mortgage releases both parties from their joint financial responsibility, allowing for the distribution of any remaining proceeds.

Divide Proceedings

The final stage is to divide the proceeds from the transaction. This division should be based on the agreement reached throughout the divorce process, which may include considerations such as each party’s contribution to the purchase and maintenance of the residence. In community property jurisdictions, however, profits are usually distributed equally.

Benefits of Selling a Home to a Cash Buyer During a Divorce

Fast Sale

One of the key advantages of selling a house to we buy houses Longmont companies is the quickness of the process. Cash buyers frequently have the funds accessible, reducing the need for long mortgage approval procedures and related delays. This can be especially beneficial for divorcing couples who want to sell their common property quickly and move on to the next chapter of their lives.

Simplified Process

Selling a house for cash is frequently a simple and straightforward process. Without the complications of mortgage lenders, appraisals, and home inspections, the transaction can move more swiftly and with fewer obstacles. This simplicity can be especially useful for divorcing couples who are already coping with the emotional and logistical problems of ending their marriage.

Improved Certainty and Reliability

Cash sales often provide a better level of predictability and dependability than traditional real estate transactions, which may be susceptible to financing contingencies and bank denials. With a cash buyer, there is less risk of the sale falling through owing to financing concerns, giving sellers greater peace of mind and certainty that the transaction will go as planned. These purchasers specialize in buying distressed homes and will purchase your property during divorce within two weeks.

Flexible and Convenient

Selling a home during divorce for cash gives sellers more flexibility and convenience in terms of closing dates, possession dates, and other transaction specifics. Cash purchasers are often more flexible with sellers’ preferences and timeframes, resulting in a more personalized and hassle-free selling experience. This flexibility might be very useful for divorced couples who may have specific requirements or timelines for their divorce settlement.

Cost Savings

Cash sales can also lead to cost savings for vendors. Sellers who do not have to pay for appraisals, loan origination fees, and other closing charges connected with traditional financing may be able to save money on transactional expenses. Furthermore, the absence of maintenance demands following home inspections, which is usual in cash sales, might help sellers avoid out-of-pocket expenditures.

Alternatives for Selling a House During Divorce 

While selling the property is a typical answer, there are other options that may be more appropriate for the specific circumstances and emotional landscape of those engaged in a divorce. Working with legal and financial professionals can help you fully comprehend the implications of each alternate approach.

Buy Out Your Spouse

A buyout occurs when one spouse pays the other’s part of the home’s equity to become the sole owner. This option is particularly appealing if one partner desires to remain in the home, either to provide stability for children or to preserve the residence within the family. Financially, it is necessary that the purchasing spouse can afford the buyout, either through personal savings, loan qualification, or an agreement on the partition of other assets. The main advantage here is continuity; nonetheless, it necessitates a clear and reasonable appraisal of the property, as well as an estimate of each party’s financial future after the buyout.

Rent Out the Home

Turning the home into a rental property is a reasonable alternative for couples who want to maintain marital assets while also generating rental income. This alternative creates revenue, which is especially beneficial if the divorce has stressed resources. It also buys time while waiting for a better real estate market or personal circumstances to improve. The process starts with learning about the obligations and financial implications of becoming a landlord, which includes property maintenance and tenant management. 



Divorcing couples should determine if they are ready to manage the property themselves or hire a property management agency. Tax implications and cash flow impacts must also be considered. This option requires examining one’s ability to handle the responsibilities that come with being a landlord.

Delayed Sale

A delayed sale can be tailored to personal timetables and long-term objectives, giving you a buffer before you sell my house fast Evans. This decision might be influenced by a variety of variables, including market improvement or hitting an important milestone for your children. This can reduce disruption for youngsters during a vital transition period. A delayed sale is implemented by establishing a legal agreement that details the delay, expenditure allocation, and the specified sale period. 


This agreement can assist in guaranteeing that both parties are committed to maintaining the home. It also allows for financial planning in advance of the sale. While this technique may provide advantages, it is dependent on both sides’ desire to collaborate, and it should be emphasized that delaying the sale does not ensure a larger profit in the future.

Endnote

Selling a property following a divorce requires careful consideration of emotional, financial, and legal aspects. Remember to sit down with your ex-spouse and discuss how you want to handle the property. You can rent it out, buy out your spouse, or choose a delayed sale. When selling your house during or before a divorce, ensure you set a realistic price and pick a reputable cash buyer if you don’t want to renovate the house and host open houses while dealing with the stress of a divorce.

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