Can You Sell a House Before You Finalize a Divorce?

By Wayne Thomas

The marital home is often one of the most valuable assets to divide in divorce. When a couple no longer lives under the same roof, selling the house may appear to be a practical next step. However, once a divorce petition is filed, state laws place certain restrictions on your ability to legally transfer the title of real estate without the consent of your spouse or the court.

Restrictions on Sale of Home

When a divorce is filed, some states put an automatic restraining order on the sale or transfer of property acquired during the marriage, regardless of who holds title. Even in states where the restraining order is not automatic, a spouse may request that the court issue one if she is concerned that marital property may be liquidated. If you violate this order without first obtaining consent from the court or your spouse, you can be held in contempt. Further, if the transfer was made with the intent to shield the asset from the divorce, such as selling your home to a sibling for less than fair market value, the court has the authority to cancel the transfer.

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

References

Related articles

Power of Attorney Rules in California

A power of attorney is a legal device that authorizes one person to perform legal acts -- such as signing a consent to medical treatment -- on behalf of another person. The person who grants the authority is known as the principal, and the person who exercises it is known as the agent or attorney-in-fact. California's power of attorney laws are located in sections 4000 through 4545 of the California Probate Code.

Is a Divorce Decree a Conveyance of Property?

A divorce decree usually splits property between spouses in addition to addressing child support, custody and other issues. However, even though your decree orders your property to be split in a certain way, you may have to take additional steps to make the transfer effective. For example, you may need to sign a deed giving real estate to your spouse.

Can a Divorce Decree Be Used in Lieu of a Quit Claim in Ohio?

When a judge issues a divorce decree, he usually specifies how personal property and real estate should be divided between former spouses. However, actually transferring that property can be complicated since it may involve signing over a vehicle title, obtaining a new loan or recording a new deed. Your divorce decree itself does not accomplish these things.

Get Divorced Online

Related articles

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, ...

How to Transfer Property to an LLC

For a number of reasons, you may choose to transfer real estate or other property into an LLC. You may decide to change ...

Can a Property Owned by an Irrevocable Trust Be Foreclosed?

A living trust is an estate planning tool used to transfer property at death, allowing probate to be avoided. When you ...

How Long Does it Take for a Restraining Order in California?

California is one of a handful of states that provide for automatic temporary restraining orders, or ATROs, during ...

Browse by category
Ready to Begin? GET STARTED