Do I Have to Sell My House in a Divorce? See 4 Options

Disclaimer: As a friendly reminder, this blog post is meant to be used for educational purposes only, not legal advice. If you need assistance navigating the legalities of keeping your home in a divorce, HomeLight always encourages you to reach out to your own advisor.

For married couples, buying a home together is an act of optimism and agreement. But, if things don’t work out, the couple’s largest asset can become a major source of angst and contention in a divorce.

In the midst of a myriad feelings and concerns, it’s understandable that you have asked the question, “Do I have to sell my house in a divorce?”

While selling your house and dividing the proceeds is often a logical, fair, or mutually accepted option, it’s not necessarily your only option.

In this post, we’ve gathered advice from real estate and divorce experts regarding what can happen to your house during a divorce, why you might need to sell your house, and the steps to sell a home during a divorce.

For this story, we are assuming the home was purchased by the couple and is joint property.

What can happen to my house in a divorce?

If the divorce lands in court, the sale of the house and the division of the proceeds may be ordered in the consent decree. Foreclosure or prenuptial agreements can also result in the loss of the house for one or both spouses. Otherwise, the fate of the home is typically negotiated between the couple (and their attorneys).

Here are the four most common ways to settle the house in a divorce:

Sell the home and split the proceeds
One spouse buys out the other party
Divide large assets
Both spouses temporarily co-own the house, which will typically result in a deferred sale