What Happens If I Sell My House in Maryland Before the Divorce Is Final?

Going through a divorce is already a stressful experience, and selling a house during the process can add even more complications. Many homeowners in Maryland find themselves wondering: What happens if I sell my house in Maryland before the divorce is final?

At Revolutionary Home Buyers, we understand the urgency and complexities involved in selling a home during a divorce. If you and your spouse need to sell your house quickly without waiting for the legal process to conclude, we buy houses in Maryland as-is and can help you navigate the situation with ease.

This guide will explain the legal implications, financial considerations, and steps you should take if you’re considering selling your home before finalizing your divorce.

Understanding Property Division in Maryland Divorce Cases

Before selling your home, it’s essential to understand how Maryland law treats marital property. Maryland is an equitable distribution state, which means that all marital assets—including real estate—must be divided fairly, though not necessarily equally.

What Is Considered Marital Property?

In Maryland, marital property includes:

• Any property acquired during the marriage, regardless of whose name is on the title
• A home purchased jointly by both spouses
• A home owned by one spouse but used as the marital residence

If the house was acquired before the marriage and remained solely in one spouse’s name, it may be considered separate property—but this depends on whether marital funds were used for mortgage payments or home improvements.

Can You Sell a House Before the Divorce Is Final?

Yes, you can sell your house in Maryland before the divorce is finalized, but you must take specific legal and financial steps to ensure the sale complies with state laws and does not negatively impact the divorce proceedings.

When Both Spouses Agree to Sell

If both spouses agree to sell the house before the divorce is final, the process is generally straightforward. You will need to:

1. Determine the sale price – Work together to establish a fair listing price.
2. Decide how the proceeds will be split – You can agree on a percentage split or let the court determine how the proceeds should be divided.
3. Sign all necessary paperwork – Both spouses will likely need to sign the contract, settlement documents, and closing paperwork.

When One Spouse Wants to Sell, but the Other Does Not

If one spouse wants to sell the house and the other does not agree, things become more complicated. The spouse wishing to sell may need to:

• Get a court order forcing the sale if keeping the home is financially unfeasible.
• Negotiate a buyout if the other spouse wants to keep the home.
• Prove financial hardship if mortgage payments are unaffordable.

If you are in this situation, consulting a divorce attorney can help clarify your options.

Legal Considerations When Selling a House Before Divorce

Court Approval May Be Required

If your house is part of the marital property, selling it before the divorce is finalized may require court approval. This ensures that the proceeds are distributed fairly.

Potential Delays in Divorce Proceedings

Selling your home can sometimes delay your divorce if the proceeds are a significant asset that must be divided. Courts may wait until the sale is finalized before finalizing other aspects of the divorce.

Tax Implications of Selling Before Divorce

If you and your spouse have lived in the home for at least two of the last five years, you may qualify for the capital gains tax exclusion, which allows you to exclude up to $500,000 of profit from taxes if filing jointly ($250,000 if filing separately). Selling before the divorce could affect your eligibility.

What Happens to the Sale Proceeds?

Once the house is sold, the proceeds will typically be handled in one of the following ways:

• Split equally – If both spouses agree to a 50/50 split.
• Divided based on contributions – If one spouse contributed more financially, they may receive a larger portion.
• Used to pay off marital debts – The proceeds may go toward joint debts like credit cards or loans.

In cases where the court decides the division, the money may be held in escrow until the divorce is finalized.

How to Sell a House Quickly Before Divorce Is Final

If you need to sell your house fast before your divorce is finalized, the traditional market may not be the best option due to delays with listing, showings, and buyer financing. Instead, selling directly to a cash home buyer can simplify the process.

Why Sell to Revolutionary Home Buyers?

At Revolutionary Home Buyers, we buy houses in Maryland quickly and without the stress of repairs, agent commissions, or lengthy closing processes. Here’s how we can help:

• Sell As-Is – No need to fix up or renovate your home before selling.
• Fast Closing – We can close in as little as 7 days, helping you move forward with your divorce.
• No Realtor Fees – You keep 100% of the sale proceeds without paying a commission.
• No Uncertainty – We provide a fair, guaranteed cash offer so you don’t have to wait for buyers.

Steps to Sell Your House Before Divorce Is Final

1. Get a Property Valuation

Understand the market value of your home by:

• Checking comparable home sales in your area
• Getting a professional home appraisal
• Requesting a cash offer from Revolutionary Home Buyers

2. Agree on the Terms with Your Spouse

If possible, work together to:

• Set a sale price
• Decide how to split the proceeds
• Agree on who handles the sale process

3. Choose the Best Selling Method

• List on the open market – This can take months and requires an agent.
• Sell to a cash buyer – Revolutionary Home Buyers can close fast with no repairs needed.
• Negotiate a buyout – One spouse may keep the home by buying out the other’s share.

4. Close the Sale

Once a buyer is secured, both spouses will need to sign the necessary documents and finalize the sale. If there is disagreement on how the proceeds should be split, the funds may be held in an escrow account until the court decides.

Final Thoughts

If you are going through a divorce and need to sell your house in Maryland before the divorce is finalized, it is crucial to understand your legal options, financial responsibilities, and how the sale proceeds will be divided. Selling your home can be a fresh start, but it is essential to handle the process correctly to avoid complications.

At Revolutionary Home Buyers, we buy houses in Maryland fast and stress-free, making it easier for divorcing homeowners to move on with their lives. If you need to sell your home before your divorce is finalized, contact us today for a free, no-obligation cash offer.