Going through a divorce can be emotionally and financially overwhelming. If you and your spouse own a home together in Georgia, one of the big questions you’ll likely face is, “Can we sell the house during the divorce process?” The short answer is yes—but there are legal and logistical steps involved that you need to understand before moving forward. Whether you’re trying to minimize stress or maximize your financial outcome, it’s important to handle the sale carefully.
What is Marital Property?
In Georgia, a home acquired during the marriage is typically considered “marital property,” meaning both spouses have a legal interest in it. This applies even if only one spouse’s name is on the title. If both parties agree to sell the home, the court will usually allow it as long as the proceeds are fairly divided or held in escrow until the divorce is finalized. However, if one spouse disagrees, the situation becomes more complicated and might require court intervention.
Timing is Key
Some couples choose to sell the house before the divorce is finalized, while others wait until after the legal process is complete. Selling before finalization may help eliminate joint financial responsibilities, such as mortgage payments, taxes, or maintenance. However, it also means both parties must agree on terms like sale price, realtor selection, and how to split the proceeds—which can be difficult during a contentious divorce. You can also sell your house without a realtor, click here for more information Can I Sell My Home Without a Realtor?
The Judge Determines A Lot
If the divorce is already underway, the judge may issue a temporary order preventing the sale of marital assets, including the home, until the court can determine how to divide property fairly. In such cases, selling the house without the court’s permission could lead to legal trouble. That’s why it’s crucial to consult with your divorce attorney before making any decisions about selling.
Sometimes, selling the house is the best way to get a clean break and start fresh. Other times, one spouse may want to keep the house—especially if children are involved and stability is a concern. In these cases, the spouse keeping the home typically has to buy out the other’s share or agree to refinance the mortgage in their name alone. This can be a good strategy if you home is need of repairs and you don’t want to spend the money to make the repairs. Here is a blog about what you would need to do to repair a home to sell What Repairs Do I Need to Do to Get My House Ready to Sell in Augusta, GA?
Parties Working Together Is Usually The Best Solution
Ultimately, selling a house during a divorce in Georgia is possible, but it requires cooperation, legal guidance, and strategic timing. If both parties can work together, selling the home can be a practical solution to untangle joint finances. Just be sure to protect your interests and follow all legal requirements to avoid complications during an already difficult time.
In instances like this, you may want to consider selling your home to a cash home buyer. A cash home buyer will pay cash for your house and a lot of time will be more flexible to allow the legal process to take place. Cash home buyers can close quickly, but they can close quickly when you are ready. During the divorce process, there are an number of things that can cause delays by all parties involved.
