How To Sell A House During Divorce in Massachusetts

Divorce can be one of the most stressful experiences in a person’s life, and when it involves selling a house, the process can become even more complex. If you and your spouse own a home together, deciding what to do with the property is a crucial part of dividing your assets during the divorce. This guide will walk you through the key steps and considerations for selling a house during a divorce in Massachusetts, addressing common questions such as whether you can divorce without selling the house, who gets the house in a divorce, and how to navigate the home-selling process during this challenging time.


Can You Divorce Without Selling the House?

One of the first questions many couples ask when going through a divorce is whether they are required to sell the house. The answer largely depends on the specific circumstances of your divorce and your financial situation.

In Massachusetts, there is no legal requirement that forces divorcing couples to sell their house. However, keeping the house may not always be feasible. Here are a few common options for dealing with the marital home in a divorce:

  1. One Spouse Buys Out the Other
    In some cases, one spouse may choose to keep the house and buy out the other spouse’s share of the equity. This can be a practical solution if one spouse wishes to remain in the home and can afford to take on the mortgage payments independently. To determine the buyout price, the value of the home must be appraised, and the buying spouse will typically need to refinance the mortgage in their name alone.
  2. Co-Ownership After Divorce
    Some couples decide to retain joint ownership of the home after the divorce, either for a specified period of time or indefinitely. This arrangement can be beneficial if the couple has children and wants to maintain stability by keeping them in the family home. In this case, the couple would continue sharing the mortgage payments, property taxes, and maintenance costs, often with a set timeline for when the house will be sold in the future.
  3. Selling the House
    For many divorcing couples, selling your home during a divorce in Framingham is the most straightforward option. It allows both parties to divide the proceeds from the sale and move on financially. Selling the house can also simplify the division of assets, making it easier to settle other financial matters in the divorce.

Deciding whether or not to sell the house during a divorce is a highly personal choice. It’s important to consider factors such as the mortgage payments, the emotional significance of the home, and each spouse’s financial ability to maintain the property.

A court will look at several factors to decide who gets the house, including:

The value of the property.

The financial circumstances of each partner.

The employability of each partner.

Both physical and monetary contributions to the marital home.

The age and physical and mental health of each partner.

The amount of time each partner will have custody of the children.

Who Gets The House in A Divorce?

Who Gets The House in A Divorce?

Determining who gets the house in a Massachusetts divorce can be one of the most contentious issues for couples. Massachusetts is an “equitable distribution” state, which means that the division of property is based on what is considered fair—not necessarily equal. Several factors will influence the court’s decision about who gets the house, including:

Each Spouse’s Contribution to the Marriage

The court takes into account the contributions that each spouse made during the marriage, including both financial and non-financial roles. If one spouse was the primary earner, they may have contributed more directly to mortgage payments, property maintenance, and other expenses related to the house. However, the court also considers the contributions of a spouse who may not have worked outside the home but took on responsibilities such as childcare, household management, and other domestic duties. In many cases, the spouse who managed the household or supported the career of the other spouse has made equally significant contributions to the marriage.

Massachusetts courts aim to fairly recognize both types of contributions. This approach ensures that one spouse isn’t unfairly disadvantaged simply because they didn’t contribute in the form of direct income. The court will also assess whether either spouse made significant efforts to improve the property, such as overseeing renovations or repairs, which can increase the home’s value. All these factors help the court determine a fair outcome when deciding who gets the house.

The Needs of Each Spouse

The needs of each spouse, especially after the divorce, play a crucial role in determining who gets the house. If one spouse has a greater need for the home—such as being the primary caregiver for children—the court may favor awarding the house to that spouse. In many cases, judges prioritize the best interests of children, which can mean trying to maintain stability in their living situation by allowing the custodial parent to remain in the family home.

However, even when there are no children involved, the court will consider other factors such as health issues, age, and the financial well-being of each spouse. If one spouse has a significantly higher earning capacity or greater financial resources, the other spouse may be allowed to stay in the home for a period of time to ensure a smoother transition after the divorce. In this way, the court seeks to balance the future financial security of both parties.

That said, complications can arise, such as what to do if your house won’t sell during a divorce in Ashland, MA. In such cases, strategies like lowering the asking price, accepting a cash offer, or exploring alternative solutions can help expedite the process and allow both parties to move forward more quickly.

The Length of the Marriage

The length of the marriage is another key factor in determining who gets the house. In longer marriages, both spouses are more likely to have contributed significantly to the purchase, maintenance, and upkeep of the home. This makes it more difficult to determine ownership based on contributions alone, and the court may lean toward dividing the property in a way that benefits both parties equitably.

In shorter marriages, it may be easier to determine who has a greater claim to the home, especially if one spouse owned the property before the marriage or if one spouse made most of the financial contributions. The court will also look at how long the couple has lived in the home, and whether there are any prenuptial or postnuptial agreements in place that specify what happens to the property in the event of a divorce.

Each Spouse’s Financial Situation

The financial situation of each spouse is a crucial consideration when deciding who gets the house in a divorce. The court will assess each spouse’s ability to afford the home after the divorce, including whether they can handle the mortgage payments, property taxes, maintenance, and other related expenses on their own. If one spouse cannot afford these costs, the court may not award them the house, even if they wish to keep it.

In many cases, the court may decide that it is in both parties’ best interests to sell the home and divide the proceeds rather than placing the financial burden of the house on one spouse. This allows both parties to walk away with a share of the equity and start fresh financially. However, if one spouse has a significantly higher income or access to other financial resources, they may be in a better position to keep the house and buy out the other spouse’s share of the equity.


Whenever possible, it is often preferable for both spouses to negotiate an agreement about the home, rather than leaving the decision to the court. Reaching a mutually agreeable solution—whether selling the property or arranging a buyout—can reduce conflict and expedite the transition for both parties.

Selling your house in Franklin, MA while divorcing can be an excellent way to divide the proceeds fairly and enable both spouses to move forward. Partnering with a real estate professional experienced in divorce-related sales can help ensure a smooth process and protect both parties’ interests during this challenging time.

Selling Your House During A Divorce?

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Steps to Sell a Home During Divorce

If you’ve decided to sell your home as part of your divorce, it’s essential to understand the steps involved. Selling a house during a divorce in Massachusetts is similar to a traditional home sale, but with added complexities due to the emotional and financial implications. Here’s a step-by-step guide to help you navigate the process:

1. Determine the Home’s Value

The first step in selling your house during a divorce is determining its current market value. You can hire a professional real estate appraiser to provide an accurate estimate of the home’s worth. Alternatively, you can work with a real estate agent who specializes in divorce sales to help set a competitive asking price based on local market conditions. Getting multiple opinions from different agents can help ensure that the valuation is consistent and reflects current market trends.

2. Choose a Real Estate Agent

Selecting the right real estate agent is crucial. Look for an agent with experience in handling divorce situations, as they will understand the emotional complexities involved. Both spouses should agree on the choice of the agent to maintain transparency and avoid potential disputes later on. It’s important to set clear expectations regarding communication and decision-making throughout the selling process.

3. Prepare the House for Sale

Before listing the house, take steps to prepare it for potential buyers. Address any necessary repairs and maintenance issues, such as fixing leaks or repainting walls. Declutter the space by removing personal items and excess furniture to make it more inviting. Consider staging the home to enhance its appeal, which may involve rearranging furniture and adding decorative touches. Conducting a pre-inspection can also be beneficial, as it allows you to identify and address significant issues that could deter buyers.

4. Agree on How to Divide the Proceeds

Before selling the house, both parties should have a clear understanding of the mortgage balance, property taxes, and any other outstanding debts related to the home. This will help calculate how much equity is available after the sale. Engage in discussions about how to divide the proceeds, and if one spouse is buying out the other, determine the buyout amount based on the home’s valuation. Consulting with a divorce attorney can ensure that the division aligns with your divorce agreement and legal obligations.

5. Communicate Throughout the Process

Establish communication guidelines to facilitate discussions throughout the selling process. This could involve regular meetings or using shared documents to track progress. Address any concerns promptly to prevent misunderstandings and maintain a cooperative atmosphere. Your real estate agent can serve as a neutral third party to facilitate discussions and help mediate any conflicts that may arise.

6. Close the Sale

Once you receive an acceptable offer, review all closing documents carefully to ensure everything aligns with your divorce agreement. Involve your divorce attorney to verify that the sale complies with your settlement. Discuss moving logistics with your spouse to manage the process of packing and relocating your belongings.

Selling Your House During A Divorce? Contact Us For Your Cash Offer Today!

Divorce is a difficult time, and selling a home can add even more stress to the situation. If you need to sell your house quickly during a divorce in Massachusetts, working with a cash buyer can provide a fast and hassle-free solution. At Custom Realty Solutions, LLC, we specialize in buying homes for cash, no matter the condition. We understand the unique challenges that come with selling a home during a divorce, and we’re here to help you through the process.

When you sell to us, you can avoid the traditional real estate market’s complexities, including showings, repairs, and lengthy negotiations. We’ll provide a fair cash offer for your home and close on your schedule, allowing you to move forward with your life as quickly as possible.

If you’re ready to sell your home during a divorce, contact us today to receive your no-obligation cash offer. We’ll work with you to make the selling process as smooth and stress-free as possible.

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