Selling Your House During Divorce in Virginia: A Comprehensive Guide

selling your house during divorce

Life happens; sometimes, things don’t work out, and the marriage could end in a divorce. One of the most stressful parts of getting through a divorce is dividing assets, including the marital home. Negotiating whether to sell the house can take days or even months. However, the best decision is to selling your house during divorce and divide the profit so everyone can move on. You cannot cut a house in half, so you must find a way to divide it somewhat and ensure that no one is left behind.

One of the easiest ways to do so is to sell your house and split the amount from the sale. What do you need to do if you want to selling your house during divorce?

In this blog, we’ll explore the options available in dealing with the marital house during a divorce, the things you need to know regarding the home sale process, and the tax implications of Selling Your House During Divorce in Virginia.

What Happens to the House after a Divorce?

One of the essential questions when going through a divorce is a property dispute. One spouse might want to keep the home, while the other wants to sell it. There are also cases when both parties want to keep the Virginia house. So, what happens to the home? Who gets the home in the end? In general, you have three options when selling a home after a divorce agreement:

  1. Divide the assets equally
  2. Buy out the property
  3. Sell your house for cash

Dividing The Assets Equally

In the first option, you may divide assets between you and your ex-spouse so that both sides take ownership of assets of roughly equal value. You might take the primary residence, and your spouse might take the vacation home, or vice versa.

This can make it easier to negotiate the final terms of the agreement and ease your divorce. Plus, because you assume ownership of the property, you don’t need your spouse’s permission to sell once the divorce is finalized, nor do you need to haggle over who gets a more significant share of the property sale value.

Buying Out The Property

An alternative approach to handling property in a Virginia divorce involves purchasing the entire property from your ex-spouse. This requires paying them an amount agreed upon, reflecting the home’s current market value, for exclusive ownership rights. This buyout process is distinct from other aspects of the divorce, notably requiring substantial cash availability.

Additionally, it’s crucial to confirm that your sole income can support the ongoing mortgage payments, particularly under the context of Virginia divorce laws property, marital property in Virginia, determining who gets the house in a divorce in Virginia, and the intersection of divorce and real estate.

Sell Your House

The most common option is to sell your house and split the amount. This provides both sides with a clean break—and comes with the advantage of cash flow to cover fees and expenses related to the divorce. This option requires the most negotiation since you’ll have to settle what percentage each spouse gets from the sale.

You cannot sell your house until your spouse gives permission, which can be complicated if you’re not in an amicable divorce. In this case, it’s important to remember that neither of you gets the house. If you’re selling your house during divorce, you each get your share of the property value, but neither of you keeps the house.

Reach Out For Legal Guidance

selling your house during divorce agreement is finalized isn’t as easy as listing your house on the market. You must understand each option’s legal implications and what’s in your best interest; for that, you should have a skilled divorce attorney. The problem with selling your house is that you and your spouse might own the house together.

This means you might be unable to sell the house without notifying your spouse first. In addition, you need to work with your spouse to determine the sale price, evaluate different offers on your house, and ensure you agree on how to move forward. Even if you have mutually decided to sell your house for cash in Virginia, capital gains taxes will significantly impact your tax bill. Your home may have appreciated when you bought it together at the beginning of the marriage, and the IRS would undoubtedly want a piece of that pie.

Fortunately, the IRS allows homeowners to exclude the first $250,000 of the gains from being taxed when filing as single individuals; and the first $500,000 of the amount when filing jointly. selling your house during divorce can be tricky, so getting a lawyer for a hassle-free sale is essential.


Every individual deserves a fresh start, especially after life’s twists. Convert the shared home into quick, easy cash with HR Property Doctor trusted cash home-buying solutions. Lean on the expertise of leading cash home buyers for a seamless, step-by-step transition. We offer immediate cash for any property, giving you one less thing to worry about during a difficult time after a divorce.

Paul Johnson

Paul is a reputable local house-buying professional, also a real estate agent (Virginia). Count on his nearly fifteen (15) years of expertise in being part of resolving any issues that may threaten transactions, being accessible, and answering questions, as well as remaining transparent throughout closing transactions. One of Paul's Favorite Quotes: "To Give Anything Less Than Your Best Is To Sacrifice the Gift."

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