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Navigating a house sale with your ex

On Behalf of | Jul 5, 2024 | Real Estate Law

Selling a house with your ex, in the wake of a divorce or nonmarital romantic split, can be a complicated and emotional process. As homeowners need to navigate both the legal and logistical aspects of selling property while managing the emotional challenges of ending a relationship, seeking support with this potentially overwhelming process is generally wise. 

Unless concerns about the sale of a house need to be litigated – because you and your ex don’t agree on fundamental matters and you need a judge to step in – you’re going to need to agree on key concerns related to the sale, such as the listing price, the choice of real estate agent and the timing of it. Having clear agreements in place can prevent misunderstandings and conflicts as the sale process evolves.

Getting started

Before you can sell your home, you’ll need to think about all of the financial challenges involved, including any existing mortgage, taxes and potential capital gains taxes. Seeking personalized guidance as proactively as possible can help to ensure that you understand the potential financial impacts of the sale and how proceeds will be divided. 

It’s also wise to have contingency plans in place. For example, if the home does not sell within the desired timeframe, you may want to consider alternatives such as renting the property or one of you buying out the other’s share. By seeking guidance, you can better understand the options available to you in this regard. 

Once you have a buyer in place, you’ll also want to have the sale contract reviewed by a legal professional in order to better ensure that your interests remain protected as the process comes to a close. Although selling your house alongside your ex can be stressful, you don’t have to do it alone.