Divorce Real Estate FAQ
Clear answers to your most pressing questions about property and divorce.
Frequently Asked Questions
Do I have to sell the house during divorce?
No. You have several options including one spouse buying out the other, co-owning temporarily, or arranging a deferred sale. The best choice depends on your financial situation and goals.
How is the home’s value determined?
A professional appraisal or comparative market analysis (CMA) establishes fair market value. Both parties typically agree on an appraiser, or each may hire their own.
Can I force the sale of the marital home?
If you cannot agree, a judge can order the property sold. However, mediation is usually faster, less expensive, and less adversarial than court-ordered sales.
What happens to the mortgage?
If one spouse keeps the home, they typically need to refinance the mortgage in their name only. If the home is sold, the mortgage is paid off from the sale proceeds.
How long does a divorce property sale take?
From listing to closing, a divorce property sale typically takes 60-120 days. However, court scheduling and agreement between parties can affect this timeline.