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Selling the House During Divorce: What You Need To Know

The Micklin Law Group-Selling the House During Divorce: What You Need To Know

While some couples have the assets needed for one spouse to keep the family home after the divorce, this usually is not the case. One of the most significant decisions you may have to make during your divorce is when to sell your house. There are several important factors to consider when making this decision, including the legal repercussions of selling your house during a divorce and whether it is a wise financial decision to sell your house quickly or wait for the right market conditions.

Legal Considerations

Many men wonder, “Can I sell my house before divorce?” They wonder whether it could simplify the divorce process to have the house taken care of before they involve the courts. Divorce is a legal process, and it is important to understand the legal implications of selling your house during this time. In many cases, selling the family home is necessary to divide the marital property fairly between the two parties. However, there are several legal considerations to make before you sell your house during a divorce.

First, you should ensure that you have the legal authority to sell the house. If the house is jointly owned, both parties must agree to the sale. If one party does not agree, they can contest the sale in court, which can lead to delays and additional legal expenses. Second, you should ensure that you are not violating any court orders or agreements. If you have a court order in place that prevents the sale of the house, you must follow it. If you violate the order, you can face legal consequences.

Finally, it’s important to think about the tax implications of selling the house. If you sell the house during the divorce process, you may have to pay capital gains taxes. However, if you sell the house after the divorce is finalized, you may be able to exclude up to $500,000 in capital gains taxes if you have lived in the house for two of the past five years. When addressing all of these legal concerns, it pays to speak to both a divorce lawyer for men in NJ and a real estate attorney.

Financial Considerations

Even if potential legal issues are not a concern because of your circumstances, selling a house during a divorce can also have significant financial implications. If you are considering selling your house, you should think about whether it is a wise financial decision to sell your house quickly or wait for the right market conditions.

If you need to sell your house quickly, you may have to accept a lower price than you would in a more favorable market. This can be especially true if you need to sell the house during a buyer’s market. On the other hand, if you can wait for the right market conditions, you may be able to sell your house for a higher price. The downside to holding out for a seller’s market is that you may need to wait longer to get divorced. If you are on good terms with your ex and you both have a place to live, it may be worth it to postpone the divorce and get more for your house.

In addition to market conditions, you should also consider the costs associated with selling a house. These costs can include real estate agent commissions, closing costs, and repairs or renovations to the house. If you’re forced to sell your home quickly and end up taking a loss, you’ll need to figure out another way to cover these costs. This is another reason why it may be smart to wait until the time is right to sell the home. 

Divorce Attorney for Men

Selling your house during a divorce is a big obstacle for some couples to overcome, and it is important to consider the legal and financial implications before making a decision. Whether you’re getting divorced while building a house or are living in an existing home, you’ll need to find a realtor during divorce to see how much you can expect to get out of selling your house and go from there. It’s also important to speak to a divorce lawyer who has been through this with other clients and can provide valuable insight. If you’re in New Jersey, The Micklin Law Group can help. Contact us by calling 973-562-0100 and we’ll help you determine your next steps.

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