Can I Be Made To Sell My House In A Divorce? How Can I Prevent It?

The courts can order you to sell your house if:

One spouse does not have enough money to buy out the other spouse’s share in the property.
Both spouses are not in agreement about the property’s market value. In such a case, the only way out for the courts is to order the couple to sell the house at the market price and split the sale proceeds in the ratio awarded by the courts.
The case is a high-conflict one and neither spouse agrees with the other spouse’s demands or requests.

In a divorce, property division is based on state laws. States follow either the community property distribution rule or the equitable property distribution rule. Usually, the property is distributed on a 50/50 basis.

A house purchased during the marriage by either spouse or both the spouses may form a substantial part of the marital property, and there may be disagreements about its distribution. Some spouses may disagree on the property valuation, some spouses may not have sufficient liquidity to buy out the other spouse’s share in the property, while some spouses may allow the other spouse to stay in the house while agreeing to sell it at a later date, and so on – it all depends on the circumstances of the case and the relationship between the divorcing spouses.

Here are some alternatives both spouses can consider before the courts order them to sell the house. However, note that these alternatives will work only if both spouses share a cordial relationship and are emotionally mature.

4 Alternatives That Can Avert Your Home Sale

1. Offer Other Valuable Assets

If you don’t have adequate liquidity to buy out the other spouse’s share, or if you don’t want to sell the house now (for whatever reason), you can offer other valuable assets to your spouse that make up his/her share of the property. This alternative will work only if the other spouse agrees to accept this deal.

2. Defer The Sale

Assuming both spouses are friendly and cooperative, you can consider temporarily delaying the sale of the house and enter into an agreement with the other spouse that specifies:

(a) How will mortgage payments be made?

(b) Which parent will occupy the house?

If the other spouse is uncooperative, and if there is no option left with you but to defer the sale (for example, because the children have a year or two to finish their schooling), you can file for a deferred sale order. However, you will have to prove that the deferment is in the best interests of the children and that it does not place any financial hardship on the other spouse or the custodial parent.

Both spouses will continue to co-own the house until it is sold.

3. Refinance The Mortgage

If you do not have adequate funds to buy out and pay the other spouse’s share, you can consider refinancing your mortgage or adding a Home Equity Line of Credit (HELOC) to your existing mortgage to pay off the other spouse.

4. Divide The House

If your house is big enough, and both you and your spouse are calm and friendly towards each other, you can consider dividing the house into 2 separate units instead of selling it or taking any financial burden. This is not a recommended ongoing situation, however, because do people really want to live right next to their ex?

Finally, before signing off, if the courts make you sell your house, don’t forget to consult your accountant to figure out if you qualify for a tax exclusion.

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Greg Misener

Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.

Mack

I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.

Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.

Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

Christie Cisneros

I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!

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Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.

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Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.

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This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.

Kenzie Murphy

Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.