Can You Sell a Property Before the Divorce?

By Wayne Thomas

Dividing property owned by you and your spouse during marriage is an important part of divorce. To ensure a correct division of marital property, judges require that all marital assets be properly disclosed and valued. Knowing how your state's laws affect your ability to sell property before a divorce is granted will help avoid complications when it comes time to divide assets.

Dividing property owned by you and your spouse during marriage is an important part of divorce. To ensure a correct division of marital property, judges require that all marital assets be properly disclosed and valued. Knowing how your state's laws affect your ability to sell property before a divorce is granted will help avoid complications when it comes time to divide assets.

Penalties for Selling Marital Property

In some states, like Massachusetts, when one spouse files for divorce, an automatic restraining order goes into effect restricting both spouses from selling or otherwise transferring marital property. If you violate this order, you can be held in contempt of court. Further, even if a divorce has not yet been filed or no restraining order has yet been issued, you are not completely free to sell off personal property or real estate. If your intent is to reduce the amount of property subject to division, like selling your beach house to a relative for less than fair market value, a court may conclude that you dissipated assets. This could reduce the amount you receive when the marital property is divided.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
Can You Sell a House Before You Finalize a Divorce?

References

Related articles

How to Remove the Responsibility for Mortgage Payments in a California Divorce

When you contract for a mortgage, there are only two ways to eliminate your responsibility for paying it: you can refinance it into someone else’s name or you can pay it off outright. Either way, your responsibility ends when the lender gets its money. Both options are possible – and advisable – when you divorce.

Can a Spouse Sell a Business Before a Divorce?

The sharing of assets between spouses is a fundamental part of most marriages. When a couple decides to get divorced, the court is tasked with dividing their marital property. This can result in the retitling of any jointly held property to sole ownership and, if necessary, offsetting these awards with other property or support paid to the other spouse. To ensure a proper valuation of the marital estate, state law prevents certain transfers made in anticipation of divorce, which can limit a spouse's ability to convey good title to a business.

How Does Property Get Split Up in a Montana Divorce?

The sharing of property and money is one of the many benefits of marriage. However, if couples decide to get divorced, determining who should take ownership of the marital assets can get confusing. In Montana, the law requires a court to look at several factors and what is fair between the parties when distributing property as part of your divorce.

Get Divorced Online

Related articles

Divorce & an Underwater Mortgage That a Spouse Refuses to Sell

Divorcing in tough economic times can be a real challenge. Often, a couple’s most valuable asset is their home. ...

What Happens in a Divorce When the House Is Paid Off?

During divorce, spouses can agree on how to divide their marital property or allow the court to divide it for them ...

Personal Property & Divorce in Massachusetts

A divorcing couple is always free to come to agreement on how to divide personal property owned during the marriage. In ...

How to Buy a House While Getting Divorced

A divorce divides a family into two separate households, which usually requires at least one spouse to find another ...

Browse by category