Selling a House During Divorce in Georgia: What You Need to Know

Divorce is already a challenging process, and when a marital home is involved, the situation can become even more complicated. Understanding how the process works in Georgia can help both parties make informed, process-driven decisions, ultimately easing the emotional burden. Since the marital home is often the most valuable asset, knowing your options is crucial.

Understanding Equitable Distribution in Georgia

Georgia is an equitable distribution state, meaning that during a divorce, assets acquired during the marriage, including the marital home, are divided equitably—not necessarily equally. Even if only one spouse’s name is on the deed, the home is still considered marital property and subject to division. Generally, the higher-earning spouse may receive a larger share of the assets, typically two-thirds, while the lower-earning spouse receives one-third.

It’s important to note that non-marital property, such as assets acquired before the marriage or inherited by one spouse, is not subject to this division.

Should You Sell the Marital Home? Exploring Your Options

Collage featuring two images: the top image shows a two-story brick family home with two cars in the driveway, in a neighborhood with accessible woods in the background, and the bottom image captures a cozy firepit area with chairs in the woods, ideal for family gatherings, highlighting Boone Buys Houses' understanding of the complexities involved in selling a family home during divorce.

Deciding whether to sell the marital home can be difficult. While selling is a common choice for those who want a clean break and the ability to move on, there are other options to consider:

  1. Co-ownership: In some cases, particularly when children are involved, the divorcing couple may choose to co-own the property. This arrangement allows the children to remain in their home and school, minimizing disruption. The equity can continue to build, and the house can be sold later, with the proceeds divided according to a pre-agreed percentage. However, this option ties both parties together financially and legally until the home is sold.
  2. One spouse buying out the other: If one spouse, often the primary custodian of the children, wishes to keep the home, they may buy out the other spouse’s share. This option allows the children to stay in their home and school, but it requires that the buying spouse can afford the mortgage payments post-divorce.

What's the Best Way to Sell?

In many cases, the marital home is sold during a divorce to allow both parties to move on. However, the method of sale can significantly impact the speed and ease of the process.

Selling With a Realtor: Pros and Cons

Selling with a realtor is a traditional approach that includes marketing the property, setting up showings, and negotiating on your behalf. However, the process can be lengthy—taking an average of 75 days in Georgia (45 days on market and 30 days to close). Additionally, the cost of repairs, staging, and the realtor’s commission can eat into your profits.

Selling to a Cash Buyer: A Faster Alternative

Selling to a cash buyer is an excellent option for those who need to sell quickly, particularly during a stressful divorce. Cash buyers are often investors willing to purchase the home "as-is," with no need for repairs, showings, or lengthy negotiations. Most cash sales close within 14 to 21 days, allowing both parties to move on faster.

Steps to Sell With a Realtor:

  1. Make any necessary repairs or updates.
  2. Clean out and stage the home.
  3. Hire a reputable realtor.
  4. List the property and review offers.
  5. Complete inspections and appraisals.
  6. Close the deal.

Steps to Sell to a Cash Buyer:

  1. Schedule a walkthrough with the buyer.
  2. Receive and review their offer.
  3. Close the deal quickly, with no additional costs or delays.
Picture of an empty double-sink vanity in the master bathroom of a marital home. The bare countertop, highlighted only by an empty crate, symbolizes the emotional emptiness and the stark reality faced during the sale of a marital home. This photo reflects the sensitive nature of selling property amid divorce, emphasizing Boone Buys Houses’ understanding and supportive approach in such situations.

Make an Informed Decision

Divorce is a challenging time, and deciding what to do with the marital home is one of the most significant decisions you’ll face. Whether you choose to sell with a realtor or to a cash buyer, understanding your options will help you make the best choice for your future. If possible, make decisions about the home before filing for divorce to avoid complications later on. Handling this process with care and consideration is essential for everyone involved.

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