Short answerBoth owners on title usually must agree to and sign the sale unless a court orders otherwise. Your divorce attorneys and any court order decide whether to sell, who controls the listing, and how proceeds are split. A neutral plan for pricing, repairs, and showings, agreed in writing, keeps the sale moving.
Decide these in writing
- Whether to sell now, later, or have one spouse buy out the other.
- The list price and how price changes are approved.
- Who pays the mortgage, utilities, and repairs while listed.
- How offers are reviewed and approved by both.
- How proceeds are held or divided at closing.
How I work in these situations
I communicate with both owners equally, put every recommendation in writing to both, and follow any court order or attorney instructions.
This is general information, not legal or tax advice. Ask a real estate attorney or CPA about your situation.
Frequently asked questions
Can one spouse sell without the other?
Generally not if both are on title, unless a court orders it.
Should we sell before or after the divorce is final?
That is a legal and tax question for your attorneys and CPA.
Keep reading
Want to know what a buyer's inspector may find before they do?
Book a free pre listing condition walk. I walk the house with you, point out what inspectors and FHA, VA, and USDA appraisers tend to flag, and give you planning ranges so you can decide what to fix, credit, price in, or disclose.
Book a condition walkOr call or text (812) 525-5489, or email [email protected].
The condition walk is a REALTOR® and contractor evaluation, not a home inspection, and it does not replace one. If you have already signed a listing agreement with another agent, please take these questions to your agent.
Written by John Long, REALTOR®, 1 Percent Lists Indiana Real Estate. Working contractor who has priced hundreds of home inspection repair requests. Former labor relations negotiator for a major manufacturer and U.S. Coast Guard veteran.
John Long, REALTOR® · 1 Percent Lists Indiana Real Estate · (812) 525-5489 · yourpropertynegotiator.com
This page is general information, not a substitute for a professional home inspection, and not legal, tax, insurance, or lending advice. Ask a real estate attorney about contracts and disclosure, a CPA about taxes, your lender about loan rules, and a licensed inspector or tradesperson about your house. Nothing here guarantees a sale price, net proceeds, repair cost, payment, timeline, appraisal, inspection result, or loan approval. Cost figures are planning estimates, not bids. I own Wardmark Property Operations LLC, a contracting company. You are always free to use any contractor you choose.