How to Sell a House During a Divorce

Selling a marital home is a stressful job. Considering all of the memories gained while living there, it’s hard to let go. Selling a house during divorce is even more challenging, but it might be the best choice for your family, even if you are still amicable.

If you’re a divorcing couple, you may not know who should keep the marital property. You may not have the means to pay for the house alone, and a large piece of real estate might not suit your single lifestyle.

While a home sale during a divorce will add more to your plate, it might be the right move. Here’s how to sell a house during a divorce.

Sell a House During a Divorce in MN

Can You Sell a House During a Divorce in MN?

Can you sell your house during a divorce in MN?

Yes, you can sell a house during a divorce. In some cases, you may not have a choice.

You might be forced into selling your house during divorce in MN if the couple cannot agree on the real estate market value of the home. They would need to put it for sale at the market price. Also, the house will go on sale if one spouse cannot afford to pay the other’s interest.

Some couples will sell it immediately and split the profits. Other times, one spouse will buy the other’s interest to stay in the house. While not as common, some pairs continue to own the home together until an agreed-upon date.

Legal Reasons for Selling a House During a Divorce

There are multiple legal reasons for selling a house during a divorce.

During the divorce process, you may decide that you both want a fair share of the profits from selling your house. One of you may have contributed more financially and the other through repairs and maintenance. 

Each person’s divorce lawyer may have different ideas of what’s fair, and the courts’ ruling may disappoint you. The best legal advice a divorce attorney could give would be to agree on the profits beforehand.

Instead of arguing over the legalities of who can live in the home and who pays for what, consider these questions:

  • How will we divide the profits?
  • How can we resolve disputes over house offers?
  • Who pays for insurance, maintenance, mortgage, and taxes for the home? Will we split the costs?
  • Who lives in the house while it is on the market? Should we be joint tenants or find a separate property? What is the property division?
  • If the house does not sell before finalizing the divorce, how will the sales process change?

Financial Reasons for Selling a House During a Divorce

There are many financial reasons for selling a house during a divorce in Minnesota as well:

  • You can’t afford to buy your spouse’s equity
  • You can’t pay the mortgage
  • You may not get tax breaks
  • The property taxes may exceed your means
  • You might have to pay a capital gains tax
  • You can’t afford the maintenance costs
  • The market is in your favor during the divorce
  • You could save more money by living in a different home
  • You need more money after switching to a singular income

When considering your finances, you should determine the cost of living you can afford and see if your house falls within your means. Many people run into money issues after divorce because they have become accustomed to having a shared financial account.

Make sure you analyze your earnings and create a budget. If you can afford the upkeep and mortgage payments of the house, you might not encounter money problems by keeping the house. Otherwise, you should probably sell your house for cash.

Who Is Liable for Selling the House?

If you were wondering who is liable for selling the house during a divorce, you’ll want to know that the liability is up to you. In most cases, both spouses have the right to sell or stay in the family home. However, the other spouse will need to agree to it, unless you have a court order overruling this guideline.

Costs Associated with Selling a House During a Divorce

The costs associated with selling a house during a divorce can become substantial, so tread carefully.

During a divorce, it’s recommended to have a real estate agent or sell your place to one of the companies that buy houses in Minneapolis to reduce stress. You can go for the realtor who sold you the house or have a third party choose the agent. The agent will help you settle on the value of the home, which can eliminate some conflicts.

You may also need to perform some repairs or redecorate before showing the house. You two will need to agree on who pays for what or have the agent stage the showing. If one person does most of the work, the other may need to compensate them financially.

After you sell the house, you will need to divide the profits. The spouse who contributes the most financially will usually make more money to compensate for what they spent. An escrow company can help with the divorce settlement, and you can consult your divorce attorneys for further legal advice. 

Once the married couple has sold their property, they can ask their attorneys to use the equity profits to pay off their debts. If one spouse wants to buy out the other to keep the house, they may need to work with a realtor or lawyer to calculate the buyout costs.

How to Sell a House During a Divorce

How to Sell a House During a Divorce

When figuring out how to sell a house during a divorce in Minnesota, you will first need to decide if you want to use an agent or sell to a real estate buying firm.

Professional realtors reduce the stress from selling a house alone. They can get you the best price for your property and help you work through the profit-sharing process. While realtors are great, the agent usually makes you pay for repairs. It can take months to years to get the house sold, and you will need to put in more work.

However, if you want to sell your house without a realtor, you can still get the property off your hands quickly (by the way, we buy homes in Minnesota). These companies pay in cash, do not charge you fees or commissions, and buy it in as-is condition. You can reduce paperwork and sell your marital property in days.

No matter how you go about the affairs, here are a few tips and tricks to sell a house during a divorce in MN.

  • Choose a neutral third party to help you sell the house
  • Keep your emotional baggage out of the process by treating it as a business transaction
  • Get an inspection of the home before listing it
  • Hire an appraiser to determine the fair market value
  • Work with a tax professional to understand the costs and benefits of selling your house
  • Stage the home when looking for buyers
  • Try to seem casual and not desperate about selling the home


Selling a house during a divorce is a difficult but often necessary process. Whether you cannot afford to live there or just want a clean slate, it’s crucial to figure out what you want to do with the property with your ex-spouse.

The easiest way to sell a house during a divorce is by selling it to a real estate buying firm. They can take it off your hands in days. You could also work with a real estate agent to maximize your profits, though it will take more time, effort, and money to get it sold.


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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