Can The Husband Sell The Marital House?

By Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsThe answer to whether a divorcing guy can sell his house or not is not quite an easy one. This is because the reply depends on factors like what decisions were made by the judge in a particular case and the conditions of a divorce agreement.

Divorce and marital home

At the time of divorce, the concerned couple has to take a call on the entire marital property and that includes the house the spouses shared.  Though it will be simpler if the house is sold outright prior to finalizing the divorce and splitting the sales proceeds, the solution may not be feasible in all cases.

There are some scenarios when a spouse purchases the interests of the other party. Alternatively, a spouse may transfer some other asset to her or him as a part of settling the property issue. There are other ways of dealing with the marital house too. If children are there in a marriage, both sides may agree that the parent who got the kids’ custody can stay at their house for a specific time period. The contract could also specify that the marital home will be sold whenever the younger kid will turn eighteen and the sales proceeds will be distributed between the ex-couples at that time.

The ex-spouses may have you also agree to an arrangement to ensure that the house is in a good condition during that time period. Moreover, the non-custodial parent could be directed to provide for the maintenance of the house so that both the former spouses can get the highest amount of money when the marital house gets sold.

Chances of a divorced man selling his house

When a man is already divorced and has outright ownership of a house, he does not have any kind of obligation towards his ex-spouse and can sell it while keeping the money from the sales for himself. The guy can also purchase another pretty if he desires to or invests the funds. He can also use the money for any purpose as per his discretion.

In case both the spouses were the joint owners of the house during their marriage, the man has to distribute the sales proceeds with his ex-wife according to the court’s orders or as per any other agreement.

In case the former spouses are ordered to keep the house as it is for a reasonable time prior to its selling, he needs to get in touch with an attorney and find out if he needs to send an application to the court to permit him to sell the home by reversing the original order. In such cases, the court will consider the man’s explanations for the need to sell the house and eventually determine whether he can do so or not.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation