When selling a house, you have to consider staging and showing the property, getting a real estate agent, and more. All of this takes a lot of time, money, and energy.
Then comes an even more difficult question: Can you sell your house before finalizing a divorce? Now you have to add state laws, equity distribution, and legal proceedings into the mix.
Thankfully, you can rely on IPS Cash when you want to sell your house fast in New Hampshire and Massachusetts. Joe Theriault and his team have information that can help you navigate the trials of selling marital property.
Who Is the Legal Owner?
Legal ownership of a house during a divorce refers to a few points, including whose names are on the property title and when you acquired it. Different states split assets depending on state laws and whether they follow community property or equitable distribution rules.
Generally, a community property state divides marital property as close to 50-50 as possible. If one spouse contributed more to property acquisition during the marriage, like home items or pensions, both spouses still get a 50-50 split. Equitable distribution usually relies on a judge’s determination of what would be fair.
New Hampshire Specifics
New Hampshire is an equitable distribution state. While courts aim for a fair division, judges have broad discretion and may consider separate property acquired before the marriage when deciding on the division of assets. It’s up to the individuals to convince the judge not to split their separate property.
So, a house one spouse acquired before the marriage could still be split during the divorce. With that in mind, “Can I sell my house before divorce proceedings finish?” becomes more difficult to answer.
Is Selling a Viable Option?
As with New Hampshire’s property division issue, whether you can sell the property during the divorce depends on the circumstances.
For example, you can’t sell the house during the divorce if the court issues a property restraining order on it. Many courts issue such orders so that one spouse cannot sell everything, protecting both parties’ financial interests.
However, you can sell the house if you have consent from the other party. The courts will require documentation, like a form or written statement. You have to show that you told the other person about your intent to sell and show that they consented to you selling the property.
Massachusetts, like New Hampshire, follows equitable distribution laws. This means the court will aim for a fair division of property, though not always a strict 50-50 split. If you live in either state, consulting with a divorce attorney is essential before moving forward with a sale.
Contact IPS Cash To Sell Your Home
“Can I sell my house before divorce proceedings end?” It depends on the circumstances.
Once you get the go-ahead, contact IPS Cash to get a free, fair cash offer on your property. If the stress of divorce makes it difficult to handle showings or repairs, IPS Cash can step in. We buy houses as-is, helping you focus on the next chapter rather than the details of selling.
Call Joe Theriault and his team at IPS Cash at 1-888-893-7188, or visit the Get Your Cash Offer page to start today.
