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12 Steps to Selling a House During Divorce

Selling a house during a divorce

Selling a house during divorce can be a complex process as it involves both emotional and financial considerations. Here are the general steps that you might follow when selling a house during divorce:

1. Agree to Sell: Both parties need to agree that selling the home is the best course of action. If one party wants to sell and the other does not, the situation can become more complex and may require legal intervention.

2. Engage Legal Counsel: Each party should ideally have their own attorney to represent their interests. Attorneys can help navigate the legal complexities of divorce and property division.

3. Determine How Proceeds Will Be Divided: Before putting the house on the market, decide how the proceeds from the sale will be divided. This should be done with the help of your attorneys and, in some cases, a mediator or arbitrator. This step can involve figuring out how much equity each party has in the house, which can depend on factors such as who made the down payment, who paid the mortgage, and how your state laws address property division in a divorce.

4. Get a Home Valuation: Obtain a professional valuation of the property or a comparative market analysis to determine a fair selling price. You may also opt for a formal appraisal.

5. Prepare the Home for Sale: This can include decluttering, making necessary repairs, and possibly staging the home to appeal to potential buyers. Both parties need to agree on the extent of this preparation and how the costs will be covered.

6. Choose a Real Estate Agent: Select a real estate agent experienced in dealing with divorce sales, as they will be sensitive to the unique challenges of the situation.

7. List the Property: Once you have an agent and have prepared the home, you can list it for sale. The listing agreement should be signed by both parties.

8. Review Offers: Consider any offers made on the property together. This can be done directly or through your respective attorneys or the real estate agent.

9. Accept an Offer: Once you agree on an offer, you can proceed to the contract stage. Both parties will need to sign the sales contract.

10. Fulfill Contractual Obligations: This includes allowing home inspections, making agreed-upon repairs, and maintaining the home until the closing date.

11. Close the Sale: At closing, you will sign the paperwork to transfer ownership of the property to the buyer. The proceeds from the sale will be distributed according to the previously agreed-upon terms.

12. Divide the Proceeds: After paying off the mortgage and any other encumbrances on the property, as well as closing costs and commissions, distribute the remaining proceeds as agreed.

In conclusion, selling a house during divorce can be a particularly challenging and emotional ordeal. With the need for a timely resolution and the desire to avoid drawn-out negotiations or market uncertainties, selling your property to Onyx REI for cash may present an advantageous solution. Opting for a cash sale to a reputable real estate investment company like Onyx REI streamlines the process, offering a quick and efficient transaction without the need for repairs, staging, or waiting for potential buyers.

Onyx REI understands the intricacies of selling a house during divorce and can provide a fair cash offer with the sensitivity and confidentiality that the situation demands. By choosing this route, you can avoid the typical hurdles of the traditional market—such as buyer financing fall-throughs and prolonged closing timelines—allowing both parties to move forward with their individual lives more rapidly.

The simplicity of a cash sale with Onyx REI can reduce the stress and conflict that often accompany the sale of a marital home in a divorce, making it a compelling option to consider. It enables you to finalize this chapter of your life with dignity and begin anew with financial clarity and peace of mind.

Stephen "Josh" Ralph

Retired Air Force veteran Stephen, along with his wife Michelle, founded Onyx REI. Together, they help home sellers navigate the real estate market throughout Hampton Roads, Virginia.

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