Can a Divorced Man Sell His House

Jodee Redmond
House is Marital Property
House is Marital Property

The question, "Can a divorced man sell his house?" is not a simple one to answer, since it depends on the terms of the divorce agreement or the decision made by the judge in the case.

Marital Home and Divorce

When a couple divorces, they need to make decisions about all of their marital property, including the home they shared. While it may be easier to decide to sell the house outright before the divorce is finalized and divide the proceeds between them, this may not be practical in all situations.

In some cases, one spouse will keep the house and either buy out the other person's interest or transfer other assets to him or her as part of a property settlement. Another way to deal with the marital home, especially when there are children involved, is to agree that the custodial parent and the children can remain in the home for a certain time. The agreement may specify that the house will be sold when the youngest child turns 18 and the proceeds will be split between the spouses at that point.

The former spouses will have to work out an arrangement so that the home is kept in good repair during this time, and the non-custodial parent may be asked to contribute to the maintenance of the home so that both parties can receive the maximum amount of money when the house is finally sold.

Can A Divorced Man Sell His House: The Answer

A man who is divorced and owns the house outright with no obligations to his former spouse can sell it and keep the proceeds for himself. He can then buy another property if he wants to, invest the funds or use them for any other purpose he chooses. If both spouses owned the home during the marriage, he may be required to split the proceeds with his former spouse as agreed to or ordered by the court.

If an order has been entered directing that the house must be kept for a certain time before being sold, he would need to consult with an attorney to find out whether he must apply to the court to have the original order changed to allow him to sell the house. The court will consider his reasons for wanting to sell and make a determination of whether he can do so.

Alternative to Selling the House

In a case where one or both people are unable to qualify for a mortgage on their own, a solution to the issue of owning a home is for them to enter into a joint ownership agreement. Under its provisions, each person is responsible for contributing toward the mortgage, taxes and upkeep. The agreement will include a set date by which the house will either be sold outright or one person will buy out the other's interest in the property.

Before entering into this type of agreement, both parties should understand the implications of having their name on an existing mortgage. If they wanted to buy another home during this period, it may be difficult for them to qualify for financing. It's also not the best choice for divorcing spouses who have a lot of animosity between them, since they will be tied together financially until the house is sold or the buy-out occurs.

The answer to the question, "Can a divorce man sell his house?" is that he can do so, but he may still have financial obligations to his former spouse that must be satisfied from the proceeds of the sale.

Can a Divorced Man Sell His House