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Divorce

Should you sell before or after the divorce is final?

There are real reasons for both. Here is how to tell which one fits your situation.

The plain answer

It depends on whether you need the money to separate, and how well the two of you can work together for a few more months. Neither answer is automatically right, and your attorney should weigh in before you commit.

There is no single right answer here, and anyone who tells you otherwise has not asked enough about your situation. What follows is what I see actually driving the decision for families in Central Ohio.

Reasons people sell before the decree

  • The equity is needed so both people can afford somewhere to live, and neither can move on until it is released.
  • Neither of you can carry the payment alone, and waiting risks falling behind on the mortgage.
  • You would both rather have the house settled than have it hanging over the negotiation.
  • Selling while still married can carry tax advantages on any gain. Whether it does in your case is a question for a tax professional, and it is worth asking before you decide.

Reasons people wait

  • Children are mid-school-year and the disruption is not worth the timing.
  • The house needs work that cannot be done while everything else is unresolved.
  • Co-operation is too difficult right now, and a joint sale would become another argument.
  • One of you may still buy the other out, and that has not been decided.

The practical difference

Selling before the divorce is final means selling as a couple. Both signatures on the listing agreement, both signatures on the contract, both of you agreeing to a price the day an offer arrives. That last part is where a sale can stall, because offers usually need answering within a day or two, and that is not long enough for a negotiation between attorneys.

Selling afterwards means the decree tells you who does what, which removes the ambiguity but adds months. If you go that route, make sure the agreement covers the details: who chooses the agent, how the price is set, what happens if an offer comes in below it, who pays the mortgage and upkeep in the meantime, and how the proceeds are split. Vague wording here causes more trouble later than almost anything else in a settlement.

A middle path

Some couples agree the valuation and the terms now, and set the listing date for later. That way the hard conversation happens once, while attorneys are still involved, and the sale itself becomes an administrative step rather than a fresh negotiation.

6 minute read · Written by Holly Marie Thomson, Realtor®

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