What You Need to Know
If you’re going through a divorce and dealing with a house you once shared, it can feel like one more emotional and financial weight on your shoulders. Maybe you’re on speaking terms with your ex, maybe you’re not. Either way, figuring out what to do with the home—especially in states like New York or New Jersey where the process can get legal and messy will feel overwhelming. This page is here to simplify all of that. No fluff, no legal jargon. Just real answers from people who do this every day.
Whether you’re in Brooklyn, The Bronx, Staten Island, Westchester, Queens, Newark, Paterson, or Hackensack—we’ve worked with people just like you. You’re not alone in this.
Who Actually Has the Right to Sell?
If both of your names are on the title or mortgage, you’ll both need to sign off on the sale. That part is pretty straightforward. Once the court issues the final divorce decree, it will spell out who gets the house—or whether it needs to be sold and the profits split.
So, What Is a Divorce Decree?
A divorce decree is the final legal document that officially ends your marriage. It’s the court’s way of saying, “Here’s who gets what.” If the house is part of it, the decree might say:
- Sell it and split the profits
- One spouse buys out the other
- Wait to sell until the kids are grown
Can You Sell Before the Divorce is Final?
Yes, absolutely—if both of you agree. You’ll just need to make sure there aren’t any legal restrictions in place from the court. Both parties will still need to sign the contract and closing paperwork. We’ve handled many mid-divorce sales, and we’re happy to work directly with your attorney to make it smooth and fair for everyone.
Your Two Main Options
Option 1: Listing with a Real Estate Agent
- Preparing the home (cleaning, repairs, staging)
- Coordinating showings and open houses
- Waiting on buyers to get financing
That works for some—but not everyone wants to wait around or deal with strangers walking through the house during a breakup.
Option 2: Sell to a Professional Homebuyer Like Us
This route is faster and doesn’t involve showings, cleaning, or months of uncertainty. With our Signature Concierge Service, we take a different approach. Instead of just giving you a low cash offer, we help you get a fair retail price—even if the home needs work or you’re behind on payments.
Here’s how it works:
The best part? You don’t pay a dime. And we keep it professional, neutral, and pressure-free—especially during an already tough time.
And hey, if we’re not the right fit, we’ll say so. Our goal is simple: get the money in your account as fast as humanly possible so you can move forward. We’ve built a solid network of attorneys (Lawcenterny.com), agents, and investors we trust. If we’re not the best option, we’ll connect you with someone who is. No egos. Just results, And most importantly solid solutions.
What If One Spouse Doesn’t Want to Sell?
This happens a lot. If both of you own the house but only one wants to sell, the court may step in. If the divorce decree says it has to be sold, that’s the final word. If not, one of you may need to file a partition action to force a sale through the court.
We’ve worked with attorneys and mediators to help resolve these situations fairly. The key is open communication and having someone in your corner who knows how to navigate it.
Real Questions We Get All the Time
Do I have to split the money with my ex?
That depends on what the court says. New York and New Jersey use “equitable distribution,” which doesn’t always mean 50/50. It depends on a bunch of factors like income, kids, who paid for what, etc.
What if there’s no equity left in the house?
This is more common than you think. If you’re upside down or close to it, we have ways to help. Sometimes we can still bring in retail buyers and net you more than a typical cash sale. Other times, we can connect you with short sale specialists. Either way, we won’t leave you stuck.
The mortgage is only in my spouse’s name. Can I still sell?
If you’re on the deed, you’ve got rights. If you’re not, things get more complicated—but not impossible. It’ll depend on what the divorce paperwork says and how the property was acquired. We’ll help you sort it out, step by step.
Where We Work
We help divorcing homeowners across New York and New Jersey, including:
New York: Brooklyn, Queens, Bronx, Staten Island, Manhattan, Westchester, Long Island, Rockland, Dutchess, Albany, and more
New Jersey: Newark, Jersey City, Paterson, Camden, Hackensack, Edison, Atlantic City, and surrounding areas
Let’s Help You Move On
We know this isn’t just about real estate—it’s about closure, clarity, and reclaiming your peace of mind. If you’re ready to stop stressing over the house and start figuring out your next move, we’re ready to help.