Should I Sell My House During Divorce?

One of the biggest decisions couples face during divorce is what to do with the marital home. For many, the house is more than just a piece of property, it’s where children were raised, holidays were celebrated, and a life together was built. So, the answer to if one should sell the house or not isn’t one-size-fits-all.

A Port St. Lucie family law attorney can guide you toward a resolution that supports your desired future. There are emotional, financial, and legal considerations that need to be weighed carefully.

When Does It Make Sense to Sell?

In many cases, selling the marital home is the cleanest financial option. Here’s why:

• Splitting the equity. Selling allows both parties to divide any profit from the sale, which can help each person start fresh and potentially purchase or rent new residences.
• Avoiding joint debt. If there’s a mortgage on the home, continuing to co-own can be risky. Missed payments or disagreements about maintenance costs can create lasting financial problems.
• Reducing conflict. For couples struggling to communicate, it’s often easier to sell and move on than to continue negotiating property-related issues.

Of course, there are also valid reasons why someone might want to stay in the home, especially in a place like Port St. Lucie where family roots run deep. For instance, if there are children, stability could be a concern. Keeping the kids in the same school district, neighborhood, and house can provide much-needed continuity during a difficult time.

The spouse who wants to retain the home may feel a strong connection to the home as well, particularly if it’s been in the family for years or holds sentimental value. In others cases, one party may feel strongly about keeping the home for financial reasons. They may believe the value of the property will increase or that it is a poor time to sell due to market conditions.

An additional issue may arise if you or your spouse believe they are entitled to a larger portion of the proceeds of the sale.  In that case, the equity of the home can be held in the trust account of the attorney until agreement of the parties or an Order by a Court.

What If You Disagree?

Arguments may arise when one spouse wants to sell and the other wants to stay. If you want to remain in the home for many more years, but your soon-to-be-ex wants to sell immediately, the issue becomes a matter of negotiation and, if necessary, legal intervention.

Possible resolutions include buying out a spouse or creating a co-ownership agreement. If you can refinance and afford to pay your spouse their share of the equity, you may be able to take full ownership and sever the asset tie. Less common are co-ownership agreements, but in rare cases, spouses agree to co-own the home for a certain period, such as while the children are still in school, before selling.

Whether you’re leaning toward selling or staying, having a skilled Port St. Lucie family law attorney on your side can help you explore all your options and protect your interests. Speaking to a lawyer is key, you don’t want to make a rushed decision about one of your biggest assets.

Have you thought about the possibility of selling the marital home? Share your hopes and concerns with the legal team at Baginski, Brandt & Brandt. To schedule a confidential consultation, simply reach out.