Divorce is one of the most emotional experiences a person can go through — and when a shared home is involved, it often becomes the most complex part of the process. For many couples, the house represents both financial stability and years of memories. Deciding what to do with it can feel overwhelming.
The good news? You have options — and with the right information, selling a house in divorce doesn’t have to become a battle. Whether you decide to sell the property, buy out your spouse, or go your separate ways financially, the goal is the same: to make clear, fair decisions that help you both move forward with confidence.
Understanding How Property Division Works During a Divorce
Before deciding how to handle your home, it’s important to understand how property is divided in your state — because this directly affects who owns the house and how proceeds from the sale are split.
Community Property vs. Equitable Distribution
The U.S. follows two main systems for dividing marital assets:
- Community Property States: Assets acquired during marriage are typically split 50/50. These states include Washington, California, Texas, Arizona, Nevada, and Idaho.
- Equitable Distribution States: Assets are divided fairly, but not always equally — the split might be 60/40 or 70/30, depending on factors like income, contributions, and custody.
If you live in Washington State, your home is considered community property — meaning both spouses share ownership equally, even if one person’s name isn’t on the title.
What If You Can’t Agree on Selling?
When divorcing couples can’t agree on what to do with a house, the court may step in and order a sale, known as a partition sale. This typically happens if one spouse refuses to sell, or if there’s conflict about the division of equity.
That’s why it’s best to reach a mutual agreement early — before the process becomes more expensive and emotionally draining.
Need to understand your home’s true worth before negotiations? Read: What Is the Market Value of My Home?
Your Main Options When Selling a House in Divorce
Every situation is unique, but generally, divorcing couples have three main choices when deciding what to do with the family home.
Option 1: One Spouse Buys Out the Other
If one partner wants to stay in the home — perhaps for stability, children, or sentimental reasons — a buyout may be the best option.
Here’s how it works:
- The house is appraised to determine fair market value.
- The remaining mortgage balance and equity are calculated.
- One spouse refinances the home in their name and pays the other their share of the equity.
It’s a clean solution for some couples, but it requires strong finances — and not everyone qualifies for a new mortgage on a single income.
Option 2: Keep the Home Temporarily (Co-Ownership)
Sometimes couples choose to co-own the home for a set period, usually until children finish school or turn 18. In this arrangement, one spouse stays in the home while both remain on the mortgage.
It can provide stability for the family, but there’s a catch: both credit scores are affected if the mortgage is late or unpaid. Staying tied financially can make it harder for each person to move on or buy another home later.
Option 3: Sell the House and Split the Proceeds
For many couples, selling the home outright is the most straightforward and fair approach. It provides both spouses with equal access to their equity and allows each to start fresh financially.
Selling the house during a divorce helps avoid future disputes about maintenance, payments, or who gets to stay. It also creates emotional closure — a chance to move forward independently.
Thinking about selling your home quickly and fairly? Get a free, no-obligation cash offer from Orca Homes.
Is It Better to Sell Before or After the Divorce?
Timing can make a big difference — both emotionally and financially.
The Case for Selling Before the Divorce Is Final
When you sell while still legally married, you can take advantage of the IRS capital gains tax exclusion for married couples — up to $500,000 in tax-free profit. Once divorced, that exclusion drops to $250,000 per person.
Selling before finalization can also simplify finances: you divide proceeds once, pay off joint debts, and start clean.
The Case for Selling After Divorce
If emotions are high or one person needs time to relocate, waiting until after the divorce may help calm tensions and create a more peaceful process. The key is having clear legal agreements about who pays the mortgage and how proceeds will be split later.
Preparing Your Home for Sale During a Divorce
1. Agree on the Key Details Early
Discuss and document these essentials upfront:
- Listing price
- Agent selection or sale method
- How to handle showings, repairs, and closing costs
- How proceeds will be divided
- Written agreements protect both parties and prevent conflict later on.
2. Keep It Business, Not Personal
Selling a house during a divorce can stir up memories and emotions, but try to treat it like a business transaction. Keep communication professional, and don’t allow disagreements to delay progress.
Pro Tip: Don’t mention “divorce” as the reason for selling in your listing or conversations with buyers. It can lead to lowball offers or assumptions of urgency.
3. Decide Whether to Sell Traditionally or As-Is
If repairs, showings, and coordination sound stressful, you may prefer to sell the home as-is to a cash buyer.
Selling as-is offers clear benefits:
- No need to agree on repairs or upgrades
- No agent commissions
- No waiting months for offers or inspections
- Faster closure, often in as little as 2–3 weeks
Considering an as-is sale? Learn more in: Should I Sell My House for Cash?
Dividing the Sale Proceeds Fairly
After the sale, all joint obligations — such as mortgage balances, liens, taxes, and realtor fees — are deducted from the sale price. The net proceeds are then divided according to your divorce agreement or court order.
Keep in mind:
- If one spouse paid for major repairs or renovations, they might receive credit for those costs.
- In community property states like Washington, proceeds are usually split evenly unless otherwise agreed.
- Always verify with your attorney or mediator before closing.
Learn how to estimate repair and preparation costs before selling in: Cost of Fixing a House in Disrepair
Common Mistakes to Avoid When Selling a House in Divorce
- Letting emotions guide decisions – Treat the home sale as a business matter to protect your finances.
- Skipping the valuation step – Use a professional appraisal or market analysis, not just online tools.
- Overlooking taxes and fees – Ask your attorney or accountant about how the sale affects your settlement.
- Hiring the wrong agent – Choose someone neutral and experienced in divorce sales — or skip agents entirely by working with a trusted cash buyer.
Step-by-Step Summary: How to Sell a House in Divorce
- Agree on your intent — sell, buy out, or co-own.
- Determine your home’s market value.
- Review the mortgage and your equity share.
- Consult your attorney about ownership and taxes.
- Choose your selling method (traditional or as-is).
- Sign agreements and handle showings or inspections.
- Close the sale and divide proceeds legally and fairly.
Moving Forward After the Sale
Selling a house in divorce can feel like the end of an era — but it’s also a new beginning. Once the property is sold and finances are settled, both parties can start fresh with less stress and more freedom.
At Orca Homes, we help Washington homeowners sell their homes quickly, fairly, and without judgment. Whether your home needs repairs, has equity disputes, or you just want a clean break, we’re here to make the process simpler.
Ready to Start Fresh?
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Orca Homes buys houses in any condition — quickly, privately, and with no hidden fees.
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FAQs About Selling a House in Divorce
Do we have to sell our house when divorcing?
Not necessarily. You can sell, buy out your spouse, or continue co-owning for a set period. Selling is usually simplest when neither party can afford the home alone.
What happens if one spouse refuses to sell?
If there’s no agreement, the court can order a forced sale (partition) to ensure assets are divided fairly. It’s best to resolve disputes before reaching this stage.
Can we sell before the divorce is finalized?
Yes — and doing so can help you qualify for higher capital gains tax exclusions while simplifying the property division process.
Who pays the mortgage during divorce?
Until the house is sold or refinanced, both parties remain legally responsible. Missing payments can hurt both credit scores.
What’s the fastest way to sell a house during a divorce?
Selling as-is to a cash home buyer allows you to close quickly — often in 7–21 days — and divide the proceeds without showings, repairs, or realtor delays.
