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Can we get divorced while waiting for our house to sell?

By Matt Kirkpatrick

Tue, May 27th, 2014
Posted in All Ask the Expert

The simple answer is “yes.” However, the attorney answer is “yes, but…” A house bought during the marriage is an asset subject to division. If you and your spouse agree that neither of you will keep the house and the house must be sold, then you have options. One option is agreeing to the sale of the house after the divorce in your Marital Termination Agreement, Stipulation or Joint Petition. Simple, right? Yes, in theory. However, you need to remember the details that went into the decision-making to purchase the house. These same details need to be outlined in your resulting divorce decree - including timeline for listing, responsibility for closing costs, handling of offers, etc. – to avoid confusion and further court time to interpret. Regardless of how amicable the separation is, a lack of clarity may add unnecessary frustration and delay to the sale. Our office can help you with navigating this process whether you are in the beginning stages of discussing or final stages of drafting the appropriate language.


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6:30:53, May 30th 2014

Mary says:
This is pretty bold coming from you right now.

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