Selling your Home after a Divorce

Going through divorce can be a very difficult. Unfortunately, owning real estate makes divorce even more complicated. STL Real Estate gives you options when deciding how to liquidate your home. 

Since STL Real Estate is a “we buy houses” company as well as a respected brokerage, our clients have more choices when selling their home. We help people going through divorce with the sale of their home, whether that be a traditional real estate listing OR an immediate cash offer for their home. 

We are here to help. Fill out the form now to get started on selling your home during a divorce.

Want to sell your house fast? Your Home Might Be Worth More Than You Think! We give fair cash offers in as little as 24 hours.

Learn More About Divorce and Real Estate Here

When selling your house during divorce, there are a few laws you’ll need to keep in mind. For example, you can’t sell a house in the middle of the litigation unless there’s a court order, and it’s important to be mindful of local court rules.

The separation agreement is another thing real estate agents will need to pay close attention to, as there are strict procedures they need to follow. This agreement will include factors such as how long the home can stay on the market before the price is reduced, who needs to make the home presentable for viewers, who is responsible for utilities, etc.

When choosing a real estate company to help you, patience is key. Tensions are often high after a divorce, so be sure to find an agent who will be patient and do everything they can to make the process easier.

* Choosing a lawyer is an important decision, especially during the divorce process. POM&H Family Law in Chesterfield, MO, handles family law cases involving divorce, child custody, child support, pre-nuptial and post-nuptial agreements, guardianship, etc., so we know how difficult divorce cases can be.
When you’re trying to sell a house before divorce, one question that may arise is whether you and your partner can keep the property in both names even after the divorce.

While technically you can, it’s not a very practical solution. When you own the house during the marriage, you own it as tenants by the entirety. It is possible to retitle the property as joint tenants so that you own the house together. However, many divorced couples aren’t on great terms with each other, and it becomes more trouble than it’s worth.

During the divorce process, the court has to fully dispose of all property in debt and assign the property to one person. So it’s rare for parties after divorce to jointly own property, because typically one party or the other will receive it.

* Choosing a lawyer is an important decision, especially during the divorce process. POM&H Family Law in Chesterfield, MO, handles family law cases involving divorce, child custody, child support, pre-nuptial and post-nuptial agreements, guardianship, etc., so we know how difficult divorce cases can be.
Another question that arises after a divorce when selling a house is the difference between marital and non-marital property. Many Missouri citizens believe that if they acquire something during the marriage that’s in their name, it’s their separate property. However, in Missouri, anything you acquire during the marriage, whether it’s in your name or your spouse’s name, is considered marital property and marital debt.

If you receive it as a gift through inheritance or if you acquire it before the marriage, it’s considered separate property. Unfortunately, though, there are many ways you can accidentally transmute that separate property into marital property, such as by putting it in a joint name or joint bank account.

So what happens to income and dividends from non-marital property? In Missouri, any income and dividends derived from separate property becomes marital property. That’s why many couples we advise opt for prenuptial agreements to ensure they’re entitled to their separate properties in case of a divorce.

*Choosing a lawyer is an important decision, especially during the divorce process. POM&H Family Law in Chesterfield, MO, handles family law cases involving divorce, child custody, child support, pre-nuptial and post-nuptial agreements, guardianship, etc., so we know how difficult divorce cases can be.
In Missouri, there are many important laws regarding divorce and real estate—especially in St. Louis County. Local courts dictate what you can and can’t do with property during a dissolution.

For example, there’s a very particular local court rule in St. Louis County that says you cannot dissipate, transfer, or sell any marital property once the case is on file. That not only includes selling a house, but also selling any items in a house. We often see clients who want to sell their wedding gifts or other items that remind them of the marriage, but that can be very problematic and even illegal.

The other component to keep in mind is that during a dissolution, you can’t sell the home unless it’s by court order or by agreement. Because if you do, where do the proceeds go? What if there’s a deficiency? It’s much better to wait until the end of the case unless there’s a court order agreement.

*Choosing a lawyer is an important decision, especially during the divorce process. POM&H Family Law in Chesterfield, MO, handles family law cases involving divorce, child custody, child support, pre-nuptial and post-nuptial agreements, guardianship, etc., so we know how difficult divorce cases can be.

See what people throughout St. Louis are saying about STL Real Estate

“Ryan is the kind of person that puts others before himself, whether it be worked related or not. I have had the opportunity to talk with Ryan multiple times about housing options for myself and I can honestly say he truly takes the time to explain things thoroughly. I don’ t know much about real estate but whenever I need assistance, Ryan’s the guy I call on..”
Eric Enright, Clayton, MO
“When we did not know where and what to do, we found Ryan and he helped us out with a short sale on our house. He made the process easy for us and was very helpful. Thanks Ryan!”
Tom and Cheryl Frost, Ladue, MO
“I cannot tell you how much it meant to my family to be able to see what Ryan Wessels done with the house. It is just excellent! I am praying for you. God is good and He gives us favor in situations such as selling a house if we call on Him.”
Barbara Kelsch, Kirkwood, MO
“I already have recommended a friend to STL Real Estate. I needed someone to buy my house fast and was strung along by other companies for months. Everything went incredibly well from the moment I began talking with Jim, until closing just a few short weeks later when I got the cash I needed from the home sale. I highly recommend Jim and STL Real Estate for any of your house sale needs.”
Pat Weise, Oakville, MO
“My brother was disabled and needed to sell his home because he could no longer afford it after having a stroke. It was a difficult time for my brother as he faced many challenges due to his illness, and now needed to move from his dream home. STL Real Estate was very professional and helped make the transition as smooth as possible for my brother.”
Jean Weintage, St. Louis, MO
“I have tried several real estate companies in St Louis and I have found STL Real Estate to be the best because of their commitment and knowledge and am so glad that they were recommended to me. Most of the people that I have worked with misguided my wife and I and made money by taking advantage of us.”
Kumar Banerjee, Brentwood, MO
“James Manning and the staff at STL Real Estate provide service above-and-beyond the call when helping us sell our property…If you are considering the sale of property, I urge you to investigate the possibilities available through Jim and the STL Real Estate team.”
Jerry Sears, O'Fallon, MO
“In considering my options when buying my first house, Ryan took the time to explain to me several options. I ultimately made my first housing decision based on Ryan’s knowledge and I could not be happier. I am set up to turn a large profit on my first rehab and can finally pay off those student loans.”
Kevin Simpher, Webster Groves, MO
Ryan worked very hard to put together a short sale on the home that I shared with my family. I had fallen in a place that I wish upon nobody. My home had become a place that I could no longer afford to fix and eventually had to give up ownership. Ryan showed compassion and preserved my sense of dignity. It was the hardest to place to have landed as the single mom of 7. I will always remember his kindness. He has a passion in the business and strives to put solutions together for both the seller and the buyer. Plus I made a new friend! Thank you Ryan!!!”
Bridget Walsh, Lemay, MO