Advice When Selling Your House Due to a Divorce

Believe it or not, you’ll get through what may seem like an overwhelming crisis in your life. 

Despite a thousand thoughts running through your mind, we’ll answer your concerns one question at a time. Knowledge and advice that can get you through the divorce proceedings when selling a house online in Idaho, with or without a divorce attorney, are key survival strategies to explore.

Who gets the house in the divorce and do I have to sell my house in a divorce are fair questions.

The answer depends on many variables, including the state that decides the outcome in the specifics governing family laws. You need to understand your rights, your ‘individual’ situation and line them up with the correct solutions.

Selling your marital home and reading through the small print of your prenup, if you have one, are two solutions despite seeming otherwise. 

Many divorced couples have been at this exact juncture and emerged on the other side to live happy, successful lives.

couple going through a divorce

Who Gets the House in a Divorce?

Although each divorce stems from a unique situation, children caught up in the divorce should always be the prime consideration for both parties. 

However, who gets the primary residence in a divorce depends on the state you reside in. The state will help determine what happens to your home during divorce proceedings.

If there is an existing prenup, it may instantly decide all the finer points.

Keeping emotional aspects out of the divorce proceedings and resolution is important for everyone’s well-being. Clinging to the family home may be necessary for many valid reasons like family heritage, personal investment, memories, work, but let cooler heads prevail.

Perhaps a suitable buyout option over selling your house fast during a divorce is better for everyone involved in your unique situation.

Marital or Separate Property

Separate Property is defined as gifted, inherited, and bought before the marriage. 

However, these properties may fall into the marital property if certain conditions are met and qualify under the commingled status even in these circumstances. Thus, each spouse is entitled to half.

Marital Property includes possession accrued during the marriage and may consist of everything from:

  • Pensions and related benefits
  • Retirement investment and savings accounts
  • Vehicles (Recreational vehicles, boats, motorcycles)
  • The family home and vacation properties (or property investments)

Marital Property also includes division of debt to ensure everyone pays their share. Mortgage payments and property tax contributions qualify accordingly regardless of whether they’re in your spouse’s name. Often the ruling judge will decide unless involved parties agree to stipulations in divorce negotiations before finalizing the divorce.

The above situations contribute to how selling a house during a divorce becomes a consideration best negotiated amicably. Other factors like capital gains tax, prenups, and court orders may influence who gets the marital home in a divorce in Idaho. 

Community Property States – Idaho

States like Idaho, Wisconsin, New Mexico, Nevada, California, Washington, Louisiana, and Texas are governed by: Community Property State Approach.

This approach means that divorcing couples will most likely split assets equally, considering the cost of selling a house is fair and equitable for both parties. Of course, extenuating situations may overrule this, and knowing your rights and facts are pertinent. 

Other states use the Equitable Distribution State Approach, where a judge will allow a fair split of assets based on each case.

The caveat here is that a court or judge may not split a property if deemed a spouse’s separate property.

Do You Have a Prenup?

A prenup is a legal document that defines property ownership and the legal rights of those listed on the document.

If a prenup exists, the property split and additional assets are well defined. But even prenups can be revoked and nullified. These generally require expert assistance.

Prenups that may be overruled include these terms:

  • unconscionable 
  • failed to meet disclosure demands
  • signed under duress or coercion

It’s always best to resolve divorce settlement issues with your spouse whenever possible. Putting your faith in the trusted hands of an attorney-client relationship may work to your benefit.

Buying Out the Other Party

If the opportunity presents itself, buying out the other party may be the best resolution for your family going forward.

In some divorce cases, the judge may order the sale of the marital home, or you and your ex may agree beforehand to practical terms.

If a judge orders the sale, they may also assign a realtor to handle the sale and establish the value of your home. Unless otherwise stipulated, the sale of a home doesn’t mean there aren’t other avenues that allow you to repurchase the home.

Buying the family house during a divorce depends on your financial means, but it is possible with refinancing.

Because of relevant real estate market values, divorced couples may find themselves trapped in situations that force them to co-own the home. Another viable option is to hire companies that buy houses in Idaho.

Other ways to handle unforeseen hurdles are utilizing the power of liens, or considering tax implications. 

Another way to handle buying the family home during a divorce settlement is for an individual to relinquish other assets to offset the home’s value.

A judge may also order that the person with custodial and parental rights be allowed to live in the home until the children concerned reach adulthood and then sold.

Using a Lawyer When buying Out Your Other Party

It’s always best to resolve the difficulties of a divorce amicably, and that doesn’t mean a good family law practice can’t assist you with the process.

Aside from keeping a level head during your divorce, having someone who understands your state’s governing laws and provides you with all the information is solid advice.

Negotiating the Sale of a Marital Home

If you opt for a buyout, then no real estate agent is involved, and you and your ex-partner must agree on a reasonable value for the home.

Even if the home is in your ex’s name, you have certain share rights if the property is deemed marital property. 

If the property was accumulated during the marriage, you would receive a share of the property as outlined in the property settlement.

Once you and your ex-spouse have agreed to a resolution and proceedings, the sale of a house can move ahead and allow cash home buyers in Meridian the opportunity to assist you.

If you have access to a recent home appraisal, use that as a guide. However, if the real estate market has shifted since then, educate yourself by perusing neighborhood comps to assess the value.

Another option is to hire a professional appraiser who will provide you with a formal appraisal (for a $300-500 fee).

house for sale due to divorce

Quick Solutions for Selling a Home in a Divorce

If you’re ready to sell your house as quickly as possible, consider the following options:

  • Hire Cash Buyers: The quickest solution for both parties. 
  • Sell as-is: Aside from preparing to show the property, don’t invest in upgrades.
  • Refinance: Depending on the financial situation, this may appease both parties.
  • Sell with a realtor: Remember to calculate closing costs, outstanding debts, agent fees.
  • Work amicably with your ex: The better you work together, the easier the transition.
  • Opt for a buyout: Work with ex toward a quick resolution.
  • Hire a mediator: If communication isn’t an option, involve a third party to be the speaking voice.

Remember that finding a cash buyer is the fastest option if you’re really in a bind. Luckily, you don’t have to look far because we buy homes in Boise and other Idaho locations. 

Final Thoughts

Navigating a divorce is challenging, but you will get to the other side. Make decisions based on expert advice from those who know how to sell your house due to a divorce and have your best interests in mind. 


Kevin is a real estate investor dedicated to helping homeowners sell their properties quickly and without the stress and hassle of a traditional listing.

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