Can you sell a house if you are separated?

Sometimes the only real option a couple has is to sell the family home so that the proceedings can be divided by the couple. This can be accomplished through a separation agreement, or by court order through equitable distribution proceedings. It can take many months to sell a home.

What happens to the house in a separation?

Rights to Property after Separation: When Both Parties Own the Home. In the event that both parties are named in the tenancy agreement and, therefore, “own” the home, both have an equal right to it. However, if you’re going through a divorce, it’s unlikely you’ll want to stay in the home with your spouse.

What happens when you sell a separate property in a marriage?

As the marriage progresses, many people will sell separate homes and buy one together. This becomes a marital asset. Others won’t sell their property, and they’ll both agree that it’s excluded from being jointly owned. They might even sign a prenuptial or postnuptial agreement to that effect.

When are assets split during a separation considered separate property?

When most couples get into the relationship, they come with assets that are considered separate from the marriage. As the marriage progresses, many people will sell separate homes and buy one together. This becomes a marital asset.

Can a real estate agent split the sale of a property?

It is not your real estate agent’s job to divide the sum of the sale. That is for you to decide through legal advice or the Family Court of Australia. Their job is to get the highest possible price for your property and help you both cooperate during the sale process. There is no guarantee of a 50/50 split.

When is a gift considered a separate property?

If the gift was from the spouse’s family, it would still be considered separate property. Compensation from a personal injury, accident or worker’s compensation would be considered separate.

Can a property be sold under a separation agreement?

Sometimes, the property is sold outright, and the couple finds alternative accommodation (purchase of another property or a rental, for example). However, in other cases, one of the former spouses may elect to buy out the interest of the other spouse.

Do you have to sell your house during a divorce?

Sometimes one person may wish to keep the house by buying the other spouse out, or they may decide to keep the home and sell it after the divorce is finalized. Other couples, however, choose to sell their home during the divorce.

How to split a house after a divorce?

If both names are on the title, then you’d need to either sell the house and divide the money or one partner would need to buy the other one out. If you don’t have a cohabitation agreement, you may choose to use a lawyer or mediator to help you decide how to divide the family home.

When to put your home on the market during a divorce?

One of the most common options, this is when a couple decides to put the home on the market and split the proceeds. Why go this route: Selling a home offers a clean break and closure for the divorcing couple. It also can provide each party with cash to cover divorce attorney fees, settle debts, and find (and afford) new living situations.