How To Sell A House During a Divorce in Pittsburgh

Divorce can be a difficult and emotionally complex process, and the division of assets, particularly shared ones like real estate, is often one of the most contentious and sticky issues. While the idea of a 50/50 split of all assets is common in popular culture, the reality is more nuanced and can vary depending on several factors. However, some people would like it better to sell a house during a divorce in Pittsburgh, and if you are one of those people, we are here to guide you. We can help get you a fair cash offer and close quickly on your home, completely as-is.

A court will look at several factors to decide who gets the house, including:

The value of the property.

The financial circumstances of each partner.

The employability of each partner.

Both physical and monetary contributions to the marital home.

The age and physical and mental health of each partner.

The amount of time each partner will have custody of the children.

Who Gets The House in A Divorce?

During a divorce, it’s State law that will govern the division of assets. These laws play a heavy role in how your marital assets are divided. Most states follow the law of equitable distribution. This can be a question that you wonder when you want to sell a house during divorce in Pittsburgh.

In Pennsylvania, the division of property, including the marital home, is governed by equitable distribution law. This means that the division is based on fairness, not necessarily an equal 50/50 split. While Pennsylvania doesn’t follow the “community property” system (used in some states), the court will still consider several factors to determine how the marital home (and other assets) will be divided in a divorce.

Here’s how the court typically handles the question of who gets the house in a divorce in Pennsylvania:

1. Equitable Distribution in Pennsylvania

• Equitable Distribution means that property is divided fairly but not necessarily equally. The court will look at various factors, including the length of the marriage, the financial and non-financial contributions of each spouse, the health and needs of both parties, and the custody arrangement for children (if applicable).
• In the case of the marital home, equitable distribution involves determining its value and then deciding how it should be divided between the spouses. The court may award the home to one spouse or require it to be sold and the proceeds divided.

2. Marital vs. Separate Property

• Marital Property: Generally, the marital home will be considered marital property if it was acquired during the marriage or if the mortgage was paid down with marital funds. Even if the home is in one spouse’s name, if it was purchased or improved during the marriage, it will usually be subject to division.
• Separate Property: If the home was acquired before the marriage or received as a gift or inheritance by one spouse, it might be considered separate property and not subject to division. However, if the other spouse contributed to improvements or mortgage payments during the marriage, this could impact the classification of the property.

3. Factors the Court Considers

When deciding who gets the house, Pennsylvania courts consider the following key factors (this list is not exhaustive, but these are the most relevant in most cases):

• The length of the marriage: Longer marriages may result in a more equal distribution of assets, including the home.
• The financial and non-financial contributions of each spouse: This includes both income and efforts made during the marriage (e.g., raising children, managing the home, or supporting the other spouse’s career).
• The value of the property: The court may order an appraisal of the home to determine its market value.
• The economic circumstances of each spouse: The court will consider each spouse’s financial situation, including income, property owned, and ability to maintain the home.
• Custody of children: If one spouse has primary custody of the children, the court may award them the home in order to provide stability for the children. This could involve the other spouse being compensated with other assets or payments.
• The need for one spouse to remain in the home: Sometimes, especially if children are involved, the court may find it in the best interest of the family for one spouse to remain in the home, at least temporarily.

4. Options for Dividing the Marital Home

When it comes to the marital home, there are a few different options the court might consider:

• One spouse gets the house: If one spouse is awarded the home, they may need to compensate the other spouse with other assets (e.g., savings, retirement accounts, or other property). This can also involve refinancing the mortgage to remove the other spouse’s name from the loan, which may require the spouse who stays in the home to prove they can afford the mortgage payments.
• Selling the home: To sell a house during divorce in Pittsburgh, the court may decide that the house should be sold and the proceeds divided between the spouses. This option is common if neither spouse can afford to keep the home or if the house is too valuable or emotionally tied to one spouse. The proceeds from the sale would typically be split according to the equitable distribution plan, which might not be a 50/50 division.
• One spouse buys out the other: If one spouse wants to keep the home and is financially able to do so, they can buy out the other spouse’s share of the property. This could involve refinancing the mortgage and paying the other spouse a lump sum or other assets in exchange for their interest in the house.

5. Practical Considerations

• Mortgage Liability: If the home is awarded to one spouse, they may be required to take on the mortgage. However, if both spouses’ names are on the mortgage, the other spouse could still be liable for the mortgage debt even if they no longer live in the home. This is something to address in the divorce settlement. If one spouse is staying in the house, they may need to refinance the mortgage in their name alone.
• Children’s Best Interests: If children are involved, the court will give significant weight to maintaining stability in their lives. This could result in one parent keeping the home in order to provide continuity for the children’s living situation.

6. Pre-Nuptial or Post-Nuptial Agreements

If there is a prenuptial or postnuptial agreement in place that specifically addresses the division of property, including the marital home, the court will generally enforce the terms of the agreement, as long as it’s deemed fair and both parties signed it voluntarily.

Steps to Sell a Home During Divorce

1. Agree On Home Sale Specifics

You and your partner will need to decide how to proceed with selling the house. Do you prefer a quick sale to divide the assets and move forward with your lives, or would you rather invest a few more months making improvements to the property to maximize its value in the current housing market? If you’re unable to reach an agreement through your lawyers, the court may need to step in and make a determination.

If you decide to spend the money on any necessary repairs and upgrades, you’ll want to come to an agreement on how to split those expenses, as well as how that investment may impact the final split of the profits. Before you spend one more dime, make sure to finalize these agreements with a lawyer so that you’re not left high and dry at close. 

But expenses and profits are just the tip of the iceberg. How will the house be dealt with during a listing? Whose agent will you use? What price point should it be set at? Will it be empty or will you or your spouse live in it until the property is sold? Who is responsible for the mortgage and bills and, if no one is living in the house, who is the one who will make sure that it’s ready to be shown during open houses and daily showings? If possible, let your lawyers hash this out before taking it to court. This can save you a lot of time and help keep any profits from the home sale being eaten up by the price of paying a lawyer to represent you in court.

2. Divide the Proceeds

It’s the final step, and hopefully the simplest! Whether the Courts or your lawyers helped you settle your divorce, you should already understand how the proceeds of the house sale will be divided. If there are any liens or obligations on the house, the escrow company will pay them off before distributing the money so that you can move on with your life.

OR

3. Sell Your House AS-IS to A Cash Buyer

Are you stuck in a situation where you and your ex-partner can’t (or don’t want to) speak? Are you ready to be out of the marriage and on to the next phase of your life? Is the stress from the divorce eating away at you? Are you wondering how to sell a house during divorce in Pittsburgh goes but want a fast and straightforward sale of your shared marital property as it seems like the best option for everyone. Well, Selling your property to a direct cash home buyer or investor might be the right option for you!

Investors and direct home buyers pay cash for properties, no matter what the condition or the owners’ financial (and marital) situation. They specialize in fast closings so that property owners can get out from under a property faster than with a traditional home sale. They also purchase houses and properties as-is, meaning that even if the house needs upgrades or major repairs, they still are willing to pay cash for it and close as quickly as possible. For two spouses stuck in a painful and expensive divorce, this might be the best option for the family. Not only are they able to sell the house for a fair cash amount, but they’re able to close quickly and without having to negotiate terms through lawyers and a shared real estate agent.

Selling Your House During A Divorce? Contact Us For Your Cash Offer Today!

We Buy Property is a trusted local home buying company that specializes in purchasing houses for cash, regardless of their condition or the homeowner’s financial situation. We offer competitive cash offers, with no need to deal with real estate agents, lawyers, or other complications. If a direct home sale sounds like the right choice for you, let’s talk! Call us anytime at 4125334127. We’re known for making the process stress-free and cost-effective, with fewer fees and a smoother experience.