How To Sell A House During a Divorce In Washington | Who Gets The House?

Many people purchase a house as a married couple, and the house’s title is put in both of their names. During a divorce settlement, this residential home must be divided between both parties. If you live in Washington, getting divorced and dividing your house can be a stressful, complicated process.

There are a few ways you can make finding a seller, getting an offer, and dividing the assets a little easier. With the help of a divorce attorney, you can navigate the sale process and learn what your rights are.

Our in-depth guide looks at how you can simplify selling a home during a divorce in Washington State and what to expect. To learn more about selling a house while divorcing, read on.

How Does Selling Your House During a Divorce Work in Washington?

Before you try to sell a house in Washington, research divorce lawyers in your area. A good attorney can be helpful in determining your rights when you’re facing divorce proceedings.

During the divorce process, it’s important to start by figuring out who legally owned the home during the marriage. Then, decide if you want to hire a real estate agent, find a local investor, or keep your house. If you do sell the house, you may need to talk to a lawyer about how to divide the proceeding funds according to your divorce decree.

Step One: Find a Divorce Attorney in Washington

With the help of a divorce lawyer in Washington, you can figure out what your legal rights are in the divorce. Each state has different divorce laws and fees for dividing marital assets following divorce proceedings, so ask an attorney about the divorce rules for Washington. Depending on the situation, the seller may need a judge’s approval to sell their home.

In Washington State, the court system has a lot of latitude over who gets the house in a divorce. A judge can make the decision to give each spouse the separate property they brought to the marriage. However, they can also choose to split the value of the communal property between the marital parties so that each spouse gets half.

Handling divorce cases and navigating the court system can be complex. Because of this, it’s important to hire an attorney who understands family law.

Step Three: Decide on How You Want to Sell the Property

Once you know if the house is yours, you must consider your options. Keeping the house can be costly following a divorce. The deed would likely need to be changed to just one spouse’s name at the time of transfer, which means you may need to refinance the mortgage or negotiate new loan terms.

For Sale by the Owner

Alternatively, you could try to offer your home for sale by the owner. With this option, you can skip commission fees and receive more money from the sale. The real issue with this option is your spouse. If your spouse isn’t interested in any house sales, you may have a problem. These sales require courteous negotiations and coordination, which isn’t always possible during a difficult divorce.

Cash Home Buyer

A cash home buyer can help you avoid costly fees and court costs. In addition, we can help you sell your estate as quickly as possible. You don’t have to agree with your spouse about staging, realtor fees, or renovations. As the seller, your personal responsibility is simply to call the cash home buyers and get a free cash offer for your home.

We like to buy houses and flip them, so we aren’t worried about repair issues when utilizing our services. Because of this, working with a cash home buyer is the most stress-free option for marital partners who are going through a divorce.

Step 4: Sell the House

After the cash home buyer checks out the property, they will give the seller an offer. Then, the seller can decide whether to accept the cash offer.

Once all factors are considered, a cash home buyer is generally the best bet for the average seller. You don’t have to wait for divorce papers to appear in a folder or book. Instead, you and your spouse can take the offer on your marital home and split the cash.

Before deciding on which option to use, do some research. You may want to read an article about divorce options and contract contingencies. In addition, you should look into how selling your marital home can impact shared child custody and other spousal business in your divorce. During the sale process, it’s a good idea to get the advice of experienced divorce attorneys, financial advisors, and other real estate professionals before you agree to any deal.

Step 5: Divide the Proceeds From the Sale

Once you agree to the home sale, you’ll likely have to wait before receiving cash from your marital home. How long you wait will depend on your chosen sale method. The lender must receive funds to cover the previous mortgage before the title can be released to the buyer.

Additionally, the seller may have to wait for the buyer’s financing process to finish. Because of how long financing can take, you should consider this factor when you choose the right sale method. There may also be other factors, like where you reside and custody disputes. You’ll have an easier experience if you’re going through an uncontested divorce.

As a general rule, a seller will have a faster sale process if they get a cash home buyer. You’ll be able to get the value of your marital home right away instead of waiting for the division of property in your divorce agreement.

Who Gets the House in a Divorce in Washington State?

In Washington, a judge rarely forces a spouse to sell the marital home. If you and your spouse have an enforceable agreement, the court will generally adopt it. The enforceable agreement might be a prenuptial agreement, separation contract, settlement agreement, or post-nuptial agreement.

If you don’t have an enforceable agreement worked out, the decision to sell your home will be handled in a different way. Typically, divorce courts will give each spouse their separate property. Then, the community property is divided in half. The meaning behind this is to give each spouse half of what they built as a couple. This also includes dividing any debts incurred during the marriage, including outstanding loans, home equity lines of credit, or second mortgages.

However, you may need to address a specific situation. For instance, a single spouse may have paid the down payment. While the down payment is separate, the mortgage is community debt. Likewise, there may be a difference in the court’s ultimate decision if one spouse needed the home to run a business. Custody and related matters can change how a court decides ownership.

Finally, who gets the house can change based on who can afford it. Even if the home is in both names, the courts won’t let you take on the mortgage payment unless you can afford to make payments each month. The judge may decide to give one person child support or alimony to make the payments more affordable. Alternatively, the courts may have the spouses sell the Washington house and divide the value of the sale.

Should I Sell Before a Divorce or After?

Whether you decide to sell before a divorce or after, the important thing is to communicate with your spouse. Taxable sale proceeds, custody arrangements, and communal property rules can get complicated, so get all the information you can.

While each situation is unique, a seller will typically have a better experience if they sell their house before a divorce. Once the seller has sold the home, the sale value can be split between both partners. This gives each person a clean break and makes it easier to divide things in half.

Who Gets to Stay in the House During a Divorce in Washington?

In Washington, the law isn’t strict about who gets to reside in the family home during the divorce process. Often, the court will allow whoever has custody of dependent children to remain in the home until the sale is complete. If the custodial parent can afford the home on their own, the judge may award them it. Then, they can sell or keep the house based on their needs.

Alternatives to Selling During a Divorce in Washington

Homes are incredibly valuable, and you might not want to become a home seller yet. Whether someone lives in mobile homes or luxury estates, there are a few things they can do to avoid the expense and hassle of putting a home up for sale following a divorce.

Co-Own the Property

Instead of becoming a seller, consider keeping your home. You don’t have to live in it together. Some former spouses decide to rent out their marital home after a divorce. Alternatively, living on the same land could also be an option if it is large enough for a second unit.

Buy Out the Other Spouse

Rather than sell the estate together, one spouse can become the seller and sell their share to the second spouse. However, both spouses will need to agree on this buyout option during the divorce process. They need to be amicable enough to agree on the sale price, which can be challenging.

Divide the Marital Assets

During a divorce, you can divide other marital assets instead of choosing to sell your home. Distribution of assets works best if you have a significant amount of money, furniture, boats, life insurance policies, or other belongings together.

How to Sell a House During a Divorce in Washington FAQs

To get a better understanding of what it’s like to be a seller following a divorce, check out some of the most frequently asked questions.

Can I Sell the House Before the Divorce Is Final?

As the owner and seller, you can sell the house before you finalize the divorce. However, this can only be done with the court’s approval or your spouse’s agreement. You cannot sell the house and take the resulting funds unless you are allowed to do so.

Is Washington a 50-50 Divorce State?

To an extent, Washington is a 50-50 divorce state. However, each spouse generally gets their separate property following a divorce. Afterward, the community property is typically divided 50-50. However, judges have full latitude about how they share the spousal estate and decide the splitting of assets on a case-by-case basis.

Washington law deems the house “marital property” or “not marital property” (also known as separate property).

Washington State is one of the few remaining community property states in the United States. Community property is defined under RCW 26.16.030, but generally, all items are considered marital property and owned equally.

“Marital property” is divided between divorcing spouses, and “non-marital property” remains with the current legal owner.

What counts as “marital property” can be confusing. Just because a house is in the name of only one spouse does not make it a separate property (for example – if marital funds are paid for it). Even if a spouse bought it prior to marriage, the house can be marital property if marital funds paid down the mortgage.

Let’s dive into how Washington defines marital property with some common examples.

How Does Capital Gains Tax Work when Divorcing?

In a divorce, you’ll still pay capital gains tax. If you file for divorce separately or together, your capital gains tax rate will be based on your filing status, your profits as the seller, and how long you owned the home. Because calculating capital gains can be complex, it’s important to get professional advice from a qualified attorney or accountant.

Can I Force My Ex to Sell the Home After the Divorce?

Unless there is a court order to sell, you generally can’t force the sale of a house after a divorce. This is especially true if the court already awarded the house to your spouse.

During the divorce process, you may be able to force the other spouse to sell if it is necessary for the division of property. Houses can’t be split down the middle evenly, so the court may recommend selling the unit and dividing the value of the proceeds.

How Do I Sell My Home If One Partner Refuses?

If one person refuses to sell, then you should ask your lawyer about court-mandated sales or a similar service. If you want to sell the house, you may have to take your partner to court. Once a judge mandates the sale or transfer of a home, it has to be sold.

Easiest Way to Sell a House During a Divorce in Washington

Going through a divorce is never simple, and it is especially challenging as a home seller. Emotions can get heated, and there are many laws you need to consider. If you need assistance selling real estate, Kind House Buyers can help. Our professional staff members can help you sell a house during a divorce in Washington for cash money, and we can help you receive more than you originally wanted.

Our Washington cash home buyers can help you find the fastest way to sell your home during divorce and still get a good price. You don’t have to do any repairs. In fact, you don’t even need to remove your belongings. We make the entire sale process as easy as possible.

Home sellers in Tacoma, Seattle, Olympia, Yakima, Bellevue, Bellingham, Spokane, Lynnwood, and Vancouver have successfully found cash home buyers for their marital property. To learn more about how we can help each seller get cash offers for Washington properties, reach out to our team today or fill out the form here on our site.

Additional Resources To Help Sell Your House In Washington State