Answers
The questions, answered.
40 questions divorcing homeowners ask about the house, each with a short answer first and the source behind it.
Timing
Can we sell the house before the divorce is final?
Yes.
Read the answerCan I list the house after divorce papers are served?
Yes, with the right paperwork.
Read the answerShould we sell the house before or after filing for divorce?
There's no single right answer, and it's a question for your attorney and CPA.
Read the answerCourts
Do we need a court order to sell the house during a divorce?
Not if you both agree.
Read the answerThe divorce judgment says to sell the house but gives no deadline. Now what?
Start by agreeing on a written timeline that both of you sign: a listing date, a list price based on comps, and price changes that kick in on set dates.
Read the answerCan the court make us sell the house in an Oregon divorce?
In a divorce, an Oregon court divides property as may be just and proper in all the circumstances under ORS 107.105, and the house is part of that property.
Read the answerWho decides how the proceeds from the house are split?
You and your spouse, with your attorneys, can agree on how to split the proceeds.
Read the answerCan one spouse be ordered out of the house during an Oregon divorce?
In limited circumstances, yes.
Read the answerWhat is the Oregon status quo order in a divorce?
On this site, the status quo order means the restraint in ORS 107.093.
Read the answerWhere can I get free help with divorce forms in Lane, Linn, Benton or Douglas County?
Oregon's divorce forms are free on the Oregon Judicial Department website.
Read the answerAgreeing
What if my spouse won't agree to sell the house?
Start by finding out why.
Read the answerWhat if my spouse won't sign the closing papers?
Everyone on title has to sign the deed, so a spouse who refuses can stop the closing.
Read the answerWhat if we can't agree on the list price?
Work from the same comparable sales, then agree in writing on a pricing plan before you list: the starting price, how long you'll hold it, and how much it drops if there's no accepted offer by set dates.
Read the answerWhat if we can't agree on which agent to hire?
Interview agents together, or at least ask each one the same questions in writing.
Read the answerCan one agent represent both of us when we sell?
Yes.
Read the answerWill the agent tell my spouse what I say?
Anything about the sale goes to both of you equally: offers, showing feedback, price changes and deadlines.
Read the answerCan we communicate only through the agent while we sell?
For the sale itself, yes.
Read the answerWhat is the Oregon initial agency disclosure pamphlet?
It's a short document from the Oregon Real Estate Agency that explains whom a real estate agent works for.
Read the answerMoney
Who pays the mortgage while the house is for sale?
Whoever signed the note still owes the lender every payment while the house is listed.
Read the answerHow do we figure out each person's equity?
Start with a realistic sale price.
Read the answerWho pays for repairs before listing?
There's no default answer.
Read the answerWho pays the commission and closing costs?
The commission and the sellers' closing costs are usually paid out of the sale proceeds at closing, before anything is divided between you.
Read the answerWhat happens to the money at closing?
At closing, the title or escrow company pays off every loan and lien on the house first, then the costs of sale.
Read the answerWhat if we owe more than the house is worth?
If the loan payoffs plus the costs of sale add up to more than the house will bring, there are a few general paths.
Read the answerMortgage
I moved out. Am I still on the loan?
Yes.
Read the answerDoes a quitclaim deed take me off the mortgage?
No.
Read the answerCan I refinance before the divorce is final?
Sometimes, and it's the lender's call.
Read the answerCan I assume our FHA or VA loan?
FHA loans are assumable, so the spouse keeping the house may be able to take over the existing loan.
Read the answerBuyout
Can I keep the house and buy out my spouse?
You can if you agree on a price and a share, qualify for a loan in your own name, and can carry the house alone.
Read the answerHow is a buyout price set?
You agree on a method, and the method sets the price.
Read the answerWhat if I can't qualify to refinance alone?
Then a buyout in your name alone isn't available yet, and you have other paths to compare.
Read the answerIs a deferred sale an option?
Yes, if you both agree and put it in writing.
Read the answerTaxes
Practical
How do showings work if one of us still lives in the house?
The spouse living there gets a written showing schedule and advance notice for every appointment.
Read the answerHow long does it take to sell a house in a divorce?
There's no set number.
Read the answerShould we stage the house or sell as is?
It depends on the condition of the house, how much cash you can both put in now, and how soon you need to close.
Read the answerWhat do we tell buyers about why we're selling?
Nothing, if you'd rather not.
Read the answerShould we sell to a cash buyer?
A cash offer can close faster and with more certainty, since there's no buyer's loan to fall through, but it may come in below what the open market would bring.
Read the answerConfidential consult
One conversation, no pressure.
Tell me where things stand. I’ll tell you what the sale could look like for your situation, and what to ask your attorney first.