Call us now ! Send us an email Colony Pkwy Aiken United States

Back to Top

Call Now!

Sell Your Home While Going Through a Divorce

House Selling After Divorce
Selling a house involves a great deal of effort, and divorce is a highly emotional and stress-inducing process. If you are preparing to sell your marital home while also going through a divorce, you're dealing with a lot. You can find balance between the two processes but only when you know what you're doing.  
Establish Common Ground
A common reason for divorce is the lack of ability to come to an agreement. You and your ex may not have been able to agree on the terms of your relationship, but you need to establish a level of common ground when selling the home together. You must make sure your ex is completely onboard with the process.
If you want to sell but your ex doesn't, you could be forced to buy out their share of the home. Buyouts allow you to purchase your ex's interest in the property, but the process is easier said than done. Divorce is expensive on its own, but when you buy out you partner's interest, you further increase your expenses.
If you're struggling financially now, the extra costs could send your finances tipping over. In addition, your ex is also not required to agree to the process. You two must negotiate to reach an agreement. If your ex thinks the home's value might increase in the future, they may be unwilling to agree. 
Classify Ownership
Did your ex purchase the home before you two were married? If the other party is the sole owner and they want to sell, don't think you don't deserve a seat at the table when it comes time to distribute any profits. South Carolina is an equitable distribution state.
Equitable distribution means that the state does not solely rely on a legal document, such as a deed, to determine ownership. The state instead divides property in an equitable way. What does that mean for you? It says that you may be entitled to profits from the sale of the property.
For example, if you and your spouse split the mortgage payment each month, the court will consider your contribution to the house in order to determine what level of equity you have in the property.
Even if you did not pay the mortgage but you paid to have the bathrooms remodeled or completed remodels yourself around the house, you may have some equity in the property. 
Hire a Third Party
If you and your ex have agreed to sell but you are having a difficult time communicating on the process, hire a third-party. One party might feel like their concerns aren't being heard or that they are receiving the short end of the bargain. A third-party will establish a level of neutrality that keeps everything fair on each side of the deal.
In terms of a real estate agent, make sure you're upfront and honest, and let the agent know that you are selling while also going through a divorce. The agent might leave a message with your spouse, not understanding the situation, and assume they'll pass the information on to you.
When you tell the agent the status of your relationship, you eliminate many of the nuisances. 
Selling your home during the divorce may not necessarily be an easy process, but it's a process you can manage with the right planning and help. From establishing an agreement with your ex to ensuring your rights are protected during the sale, an attorney will look out for you.
At Smith, Massey, Brodie, Guynn & Mayes, P.A., we want to help you. Contact our office to schedule a consultation and get the assistance you need.