Divorce & Real Estate FAQ
Your most important questions answered — with clarity, compassion, and practical guidance.
Divorce is one of the most emotionally and financially complex experiences a person can go through. When a home is involved, the decisions become even more complicated. This FAQ is designed to help you understand the major considerations, the common challenges, and the options you may have.
Important Note: We do not provide legal advice. For legal interpretation, property division, court orders, or tax consequences, please consult a qualified family law attorney. We can provide referrals upon request.
Frequently Asked Questions
1. What happens to the house during a divorce?
Every situation is unique. Most couples choose one of three paths:
- Sell the home and split the proceeds
- One spouse refinances and buys out the other
- One spouse stays temporarily (often for children) and refinances or sells later
The right choice depends on goals, finances, and the divorce agreement. Attorneys guide the legal structure.
2. Do we have to sell the home?
No. Selling is common but not required unless mandated by agreement or court order. Some couples delay selling for strategic reasons. A divorce-trained Realtor can help evaluate real estate options while attorneys handle legal requirements.
3. How is equity divided?
Equity division is a legal decision. Courts or attorneys consider state law, contributions, timing, and financial factors. We can provide a professional valuation, but attorneys determine the division.
4. Who chooses the Realtor?
Some couples agree mutually; others rely on attorneys or the decree. A neutral Realtor trained in divorce real estate ensures equal communication and reduces conflict.
5. Can each spouse hire their own Realtor?
It’s possible, but generally leads to confusion and conflict. Most attorneys and judges prefer one neutral Realtor who communicates with both spouses equally.
6. What if we disagree on the home’s value?
You have several options:
- Neutral Comparative Market Analysis
- Two separate valuations and comparison
- Licensed appraisal
- Attorney or court determination
7. Who pays the mortgage during the divorce?
This is a legal matter determined by attorneys or court orders. Speak with your family law attorney for specifics.
8. What if one spouse refuses to sell?
If the home is jointly owned, neither spouse can force or prevent a sale without legal involvement. Attorneys guide this discussion.
9. What happens if one spouse is still living in the home?
This affects showings, repairs, staging, access for inspections, and scheduling. A divorce-trained Realtor can coordinate neutrally while attorneys define legal rights.
10. Can the spouse living in the home block showings?
If the sale is agreed upon or court-ordered, no spouse should block showings. Obstacles may require attorney involvement.
11. Who pays for repairs before selling?
Options include splitting costs, using marital funds, offering credits, or selling as-is. Attorneys advise how financial decisions should be structured.
12. How do we keep communication fair?
A neutral divorce Realtor:
- Communicates equally with both spouses
- Documents all steps
- Shares updates simultaneously
- Avoids private conversations
13. How do we agree on a listing price?
Decisions are based on market data, comparable sales, timing, and possibly an appraisal. Attorneys resolve disagreements.
14. How are offers handled?
Both spouses receive and review all offers together. Both must agree on responses, and all steps are documented. Attorneys may assist.
15. What if one spouse sabotages the sale?
Sabotage may include blocking access, damaging property, refusing signatures, or undermining negotiations. This is a legal matter; attorneys handle enforcement. We can document behaviors to support your case.
16. Can one spouse buy out the other?
Yes. A buyout typically involves determining value, calculating equity, refinancing, and paying the agreed amount. Legal and financial professionals handle the details.
17. What if neither spouse can afford the home alone?
Options may include selling, renting, co-owning temporarily, or agreeing to a deferred sale. Each option has legal implications.
18. How do capital gains taxes work after a divorce sale?
Tax outcomes depend on filing status, occupancy, and gains. A CPA or tax attorney must advise.
19. What if only one spouse is on the mortgage?
Mortgage liability and ownership are separate. The deed controls ownership; the mortgage controls responsibility. Consult your attorney to clarify rights.
20. How do we ensure the process stays fair?
Fairness is built through:
- Neutral representation
- Transparent, documented communication
- Equal access to information
- Following legal agreements
Need Help Navigating Real Estate During Divorce?
We understand how overwhelming this process can be. With extensive experience handling real estate during divorce, we provide:
- Neutral representation for both spouses
- Clear, documented communication
- Market expertise based on facts and data
- Referrals to attorneys, mediators, and financial professionals
Read More About Real Estate During Divorce on our Blog:
You don’t have to navigate this alone. Contact us anytime for guidance.
At The Dick Barr Group, we are Certified Residential Real Estate Divorce Specialists. Please feel free to call us for a free, confidential consultation.
847.579.9736