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Can I Be Forced to Sell My House in a Divorce in Massachusetts?

Forced to Sell in Divorce

Going through a divorce is one of life’s biggest upheavals and causes of stress – even an amicable separation isn’t without some anxiety and difficulty. If you have a partner that has become someone completely different from the person you married, a divorce can cause significant stress which can damage your physical and mental health.

If you are feeling overwhelmed, make sure you have a trusted attorney you can turn to for help and protection. One of the biggest stressors is often what’s going to happen to your home, especially if you want to continue to have ownership and keep a roof over your head (and often those of your children).

If you’re worried about being forced out of your home, you’re in the right place. Read on to learn what you need to know about divorce and your right to keep your home.

Can I be forced to sell my house in a divorce in Massachusetts?

It is possible, yes. If you and your partner cannot agree on what will happen to the property, such as either party buying out the other, or selling to split the profits, a judge may order it to be sold immediately. This is often what happens, so couples need to be proactive to come to another amicable agreement. The only time this doesn’t happen is if the home is that of children, in which case they may defer the sale for some time, though this is unusual.

Can my wife/husband refuse to sell our home?

They can try to, but the courts will get involved and may force the sale of the home. If you can buy them out (through cash or exchange of other assets) and you wish to keep the home, your attorney should advocate for this option.

How do courts decide who gets to keep a house in a divorce in Massachusetts?

In an ideal scenario, you and your ex would come to an agreement on how to move forward, even if that is only agreed on through your lawyers. If this cannot be achieved even in mediation, you can propose your solution to the judge. If they agree that your solution is the best option (such as you buying out your partner), then they’ll order that option. If no compromise is reached, they’ll order the home to be sold so the proceeds can be split.

Can I keep my house after divorce in Massachusetts?

Yes, it’s possible to keep your house, but you’ll need to “buy out” your partner. This can be done through an exchange of assets or cash. In most cases, it’s best to modify the mortgage and pay them off with your savings, or if this isn’t possible, to remortgage. If you have other assets (such as jewelry or art), you can also trade those for their portion of the equity in the home.

What are my options?

You’ve got a few options when it comes to managing property during a divorce:

  1. Buy out your spouse (through an exchange of assets, monetary or otherwise) so you can keep the home
  2. Allow them to buy you out so you can buy a home elsewhere
  3. Sell the house before it goes to court and split the money
  4. Allow the judge to force the sale

If you want to do option 1, you’ll need to persuade your ex or the judge that you can justly buy them out.

Otherwise, options 2 and 3 are most desirable, since you get to keep control of what’s going on. While you may not want to leave your home, if your spouse wants to buy you out and it’s easier for them to do so than you, a clean break so you can buy your own home with the proceeds may not be what you want now, but may work out for the best in the long run.

Benefits of Choosing to Sell Your Home During Divorce

Selling your home during a divorce may not be what you want to do, but it does come with numerous benefits, being:

  • You don’t have to argue with your ex – the lawyers can deal with it and you can get your 50% of the equity
  • Neither person “gets” the marital home (this can help with feelings of resentment later, especially if children are involved)
  • You can deal with it out of court
  • It can avoid building up fees from both the house maintenance and lawyers

If you decide to sell, you aren’t limited to putting the home on the market and waiting for it to sell. If your home is in a desirable area and in a desirable state, this may be the best option, but if you’re interested in speed or are worried the home won’t sell in a timely manner, consider selling to a cash home buying company.

Benefits of Selling to a Cash Home Buyer

We’re a cash home buying company that buys homes in Massachusetts, often regardless of condition. Selling your home to us offers you speed and ease – we’ll come to the home to do a quick assessment and then give you a no-obligation cash offer. Once you and your ex accept the offer, we can complete the sale quickly, often in as little as 2 weeks. This gives you the opportunity to move on with your lives and complete the divorce.

Selling to a cash home buyer also helps you avoid realtor fees and more, and the added stress of selling a home. Moving home is stressful enough without the added difficulty of divorce, so anything you can do to make this time more straightforward can only be a good thing.

Sell Your Home in Massachusetts

If you’re struggling with your divorce, whether it’s an amicable separation or not, selling your home to us will help you move on with your life. We can go from offer to completion of the sale in just 2 weeks, so you won’t have long to wait. We make sure that the process is smooth for both you and your ex and our offer puts you under no obligation to sell. To learn more or to start the process, call or text 781-309-7085 or contact us here.

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