Does the property need to be sold first before the divorce can be finalized?

No, the divorce does not have to wait for the sale of the house. The current situation is recorded in the divorce settlement. Upon the sale of the house, the proceeds and any surplus value or remaining debt still need to be divided according to the agreements in the settlement.

How is the proceeds from the house divided in case of a divorce?

The proceeds from the sale of the house are first used to pay off the mortgage debt. If there is equity, it is divided between both parties. If there is a residual debt, both parties must bear the shortage together. The distribution agreements depend on ownership of the house and are recorded in the divorce agreement.

Who stays in the house until it is sold?

It is important to make arrangements about who will stay in the house until it is sold. The sale can take longer than expected. It also needs to be discussed how the maintenance costs during this period are divided and how long this situation may last. If you can't agree on who stays in the house, you might consider hiring a mediator to come up with a solution. If this doesn't work, a divorce lawyer can file a request on behalf of one of you to the judge. The judge will then evaluate both requests and make a decision based on the arguments and circumstances presented.

What can you do if your partner is not cooperating with the sale of the house?

If your partner does not cooperate in the sale of the house, while both of you are owners, it is important to keep communicating well. Of course, it is best if you can work it out together. If necessary, you can enlist the help of a mediator. If you really can't work it out, a compromise may perhaps be reached via the divorce lawyers of both parties. Or a lawyer can submit a request to the judge. The judge will then make a decision based on both scenarios and arguments.

Selling house at divorce in 5 steps

Selling house after divorce

The decision has been made: you are getting divorced. This is a major step that comes with a lot of emotions and practical challenges. One of the things that needs to be arranged is the sale of the joint house. In this article, we discuss the 5 steps you need to take to sell the house during a divorce. We also discuss frequently asked questions.

Go directly to:

Step 1: Decide what needs to happen with the house
Step 2: Start the selling process
Step 3: Accept an offer and finalize the sale
Step 4: Divide the surplus value or residual debt
Step 5: Look for a new house

Step 1: Decide what needs to happen with the house

After a divorce, the owner of the purchase house decides what happens with the house. If both of you are owners, you will need to make a joint decision. One of you may choose to continue living in the house, provided that this is financially feasible. Another option is to temporarily continue to pay the mortgage together or to sell the house.

In our article What happens to the purchased house after a divorce we go deeper into the different options.

Who is the owner?

If you are no longer sure who the owner is or what the percentage distribution looks like, it is wise to contact the notary. The marital or partnership conditions clearly state who the owner is, and what percentage each person has. This may also include arrangements about who may continue living in the house after the divorce.

Is this the best moment for sale?

If you suspect that the current state of the house or the situation in the housing market is not ideal for sale, you may also opt to continue paying the mortgage together for a while. This gives the opportunity to fix the house before sale or to wait for a more favorable selling moment.

It is important to consider whether the extra mortgage costs are proportional to the expected higher yield. In addition, extending the joint financial obligations can lead to more tension and conflicts. It is wise to carefully consider this risk in your decision.

Step 2: Start the selling process

If you have decided that selling now is the best option, the selling process can be started. By taking action quickly, you prevent the situation from getting worse due to increasing costs. Often, one of the two already has another house, which leads to double housing costs. It is then pleasant if an end is made to that situation as quickly as possible.

Moreover, a quick sale provides clarity and can help with processing the divorce. It enables both parties to make a fresh start, without the burden of shared ownership.

The extra benefit of a real estate agent in case of divorce

To make the selling process go smoothly and quickly, it is wise to hire a real estate agent. A Real Estate Agent not only offers objective and professional guidance, but also takes many tasks off your hands. The process is less burdensome for the partners who are getting divorced, and there is less chance of conflict.

The Real Estate Agent takes many practical and administrative tasks, so you can focus on the other things that need to be arranged for the divorce. A Real Estate Agent helps, for example, with determining the right asking price, gives tips for preparing the house for sale, plans and supervises viewings and conducts the negotiations when there is an offer.

Pay attention: not every Real Estate Agent offers this full-service service. In our article about choosing the right real estate agent you can read what you can choose from and what to pay attention to.

Find quickly the best Real estate agent from the neighborhood

Through Mijn Verkoopmakelaar, you can quickly find the best real estate agents at competitive rates, without having to search for them yourself. As soon as you register your property with us, you immediately receive proposals from real estate agents in your area. You decide which real estate agent you want to get in touch with, saving you a lot of time and effort.

Moreover, many selling real estate agents also work as buying real estate agents. This means that they can not only help you with the sale of the joint property, but also with the purchase of a new property that fits within your budget. Would you like to know more about our services? Feel free to contact us!

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Step 3: Accept an offer and finalize the sale

The next phase in the sales process is accepting an offer and finalizing the sale. As soon as there is an offer made that is acceptable to both parties, the negotiation phase begins. The real estate agent plays a crucial role in this, ensuring a fair deal and protecting your interests.

After agreement on the offer, the arrangements are recorded in a purchase agreement, which includes all important details, such as the selling price, cancellation conditions, and the transfer date. It is important that both parties carefully review all documents and agree.

Then the notary makes the transfer of ownership official. This completes the sale, but that's not the end of it. You still have to distribute the sales proceeds among yourselves. How this works is explained in step 4.

Step 4: Divide the surplus value or residual debt

If the sale proceeds are higher than the remaining mortgage debt, there is a surplus value or equity. If you were both half owners, you both receive half of this surplus value. It could also be that the ownership is divided differently. One partner then owns, for example, 70% and the other 30%. The surplus value is then divided according to these percentages.

If the sale proceeds are lower than the remaining mortgage debt, there is a residual debt. In that case, you are both responsible for paying this residual debt. How much the partners have to pay is also determined based on the distribution of ownership.

Step 5: Start looking for a new home

After the sale of the joint home, you can both start looking for your own house. This can be a rental property, but also a new house to buy. You can use (your part of) the surplus value of the old house to finance your own home.

A purchasing real estate agent and mortgage advisor can help you in the search for a new home. Many selling real estate agents also act as purchasing real estate agents. If you were satisfied with the collaboration with your selling real estate agent, you can often also ask him or her to act as a purchasing real estate agent.

Quickly find the best local purchase Real estate agents

Are you looking for a different real estate agent, or does the real estate agent not work in your new search area? Via Mijn Verkoopmakelaar you will quickly find the best purchase real estate agents from the neighborhood. Register with us and receive proposals from different real estate agents in your mailbox in the coming days. If you want, you can also make a free appointment with a mortgage advisor.

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Frequently asked questions about selling a house during a divorce

Does the property need to be sold first before the divorce can be finalized?
No, the divorce does not have to wait for the sale of the house. The current situation is recorded in the divorce settlement. Upon the sale of the house, the proceeds and any surplus value or remaining debt still need to be divided according to the agreements in the settlement.
How is the proceeds from the house divided in case of a divorce?
The proceeds from the sale of the house are first used to pay off the mortgage debt. If there is equity, it is divided between both parties. If there is a residual debt, both parties must bear the shortage together. The distribution agreements depend on ownership of the house and are recorded in the divorce agreement.
Who stays in the house until it is sold?
It is important to make arrangements about who will stay in the house until it is sold. The sale can take longer than expected. It also needs to be discussed how the maintenance costs during this period are divided and how long this situation may last.
If you can't agree on who stays in the house, you might consider hiring a mediator to come up with a solution. If this doesn't work, a divorce lawyer can file a request on behalf of one of you to the judge. The judge will then evaluate both requests and make a decision based on the arguments and circumstances presented.
What can you do if your partner is not cooperating with the sale of the house?
If your partner does not cooperate in the sale of the house, while both of you are owners, it is important to keep communicating well. Of course, it is best if you can work it out together. If necessary, you can enlist the help of a mediator.
If you really can't work it out, a compromise may perhaps be reached via the divorce lawyers of both parties. Or a lawyer can submit a request to the judge. The judge will then make a decision based on both scenarios and arguments.