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Selling during a divorce

How do we do this fairly, and who decides what?

Step 1 of 6

What does the agreement say, and who can sign?

The answer

The divorce decree or settlement agreement controls the house: who owns it, whether it must be sold, by when, how the proceeds split, and who manages the sale. Both of you usually have to sign. Read it before you talk to an agent, and have your attorney confirm what it requires.

This is one of the hardest reasons to sell a home, and one of the most common. A clear plan makes it survivable.

How long
Most people spend about a week here.

In Georgia

Georgia divides marital property by equitable distribution, which means fairly rather than automatically 50/50; how the home's proceeds split is set by your agreement or the court, not by the sale.

What to do0 of 5 done
  • How to: Read the home provisions

    Read the decree or agreement sections about the home

  • How to: Know who signs and who manages

    Confirm whether both signatures are required and who manages the sale

  • How to: Know the deadlines

    Note any deadlines the agreement sets

  • How to: Attorney confirmed the requirements

    Ask your attorney to confirm the requirements in writing

  • How to: Communication channel agreed

    Agree on one channel of communication about the house

Go deeper
What people wish they'd known
  • Proceeding on a verbal understanding. Get the plan in writing through the attorneys.
  • Missing a deadline in the decree. It can have real consequences.
  • Letting one person run everything. Resentment stalls sales.

From the Thrive team

  • Set up a shared email thread or app just for the house. It keeps the sale separate from everything else.
The next thing people ask

How do we agree on a plan when we don't agree on much?

Go to step 2

Questions you'll probably have

Questions about your situation?

Elliott or Ashley will answer, usually within one business day. No pressure, no pitch.

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