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Getting divorced? Sell the house once and split one check.

When neither of you can buy the other out, selling the house is usually how it gets divided. A cash sale skips months of showings and price cuts while you're both still on the loan.

Who decides to sell

In California, a house bought during the marriage is generally community property, and both spouses usually have to sign to sell it. If you agree, you can sell whenever you like. If you don't, the court can order a sale as part of dividing the property. The California courts' divorce self-help pages walk through the process.

What gets paid at closing

Escrow pays off the mortgage and any home equity line first, then any liens, then the closing costs. What's left can be held in escrow or split according to your agreement or a court order. Neither of you has to hand the other a check, which takes a lot of tension out of the last step.

Taxes on the sale

Each spouse who owned the house and lived in it for two of the last five years can usually exclude up to $250,000 of gain, or $500,000 on a joint return. IRS Publication 523 explains the rules, and Publication 504 covers how divorce changes them. If one of you moved out a while ago, ask a tax preparer how the timing works for you.

Why a cash sale helps here

Listing a house during a divorce means agreeing on an agent, a price, repairs, staging and every offer that comes in. Each step is a new chance to fight. A written cash offer is one number, the closing date is whatever you both sign, and nobody has to keep the house show-ready while living apart.

Questions people ask

Do both spouses have to agree to sell?

Usually both have to sign. Without an agreement, the court can order a sale.

Can we sell before the divorce is final?

Yes, if you both agree. The proceeds can stay in escrow until the court divides them.

What if one of us still lives in the house?

That's fine. The walkthrough gets scheduled around whoever lives there.

How is the sale money split?

However your agreement or the court order says. Escrow pays it out directly.

Tell us about the house

The address and what's going on with it. That's the whole first step, and it takes about ten minutes on the phone.

(800) 000-0000

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