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Divorce5 min readJanuary 18, 2024

Selling a House During Divorce in North Carolina: A Complete Guide

Going through a divorce and need to sell your house? Learn how to navigate the process, split equity fairly, and close quickly in North Carolina.

Divorce is already stressful enough without adding the complexity of selling a house. If you and your spouse need to sell your marital home, understanding the process can help you move forward more smoothly.

Why Sell During Divorce?

Many couples choose to sell their house during divorce because:

  • Neither spouse can afford the mortgage alone
  • You both want a clean break and fresh start
  • You need to split assets fairly
  • You want to avoid ongoing financial entanglement
  • One spouse is moving out of state

North Carolina Divorce and Property Laws

North Carolina is an "equitable distribution" state, meaning marital property is divided fairly (not necessarily 50/50). The marital home is typically considered marital property if it was purchased during the marriage, regardless of whose name is on the deed.

The Traditional Selling Process

Selling through a traditional realtor during divorce can be challenging:

  • Both spouses must agree on listing price, repairs, and offers
  • Disagreements can delay the process
  • 60-90 day timeline may conflict with divorce proceedings
  • Repairs and staging costs must be agreed upon
  • Commission fees reduce proceeds you're trying to split

Why Cash Buyers Work Well for Divorce

Cash buyers can simplify the divorce house sale:

  • Fast closing: 7-14 days vs. 60-90 days
  • No repairs needed: Avoid disagreements about what to fix
  • Simple process: Less back-and-forth between spouses
  • No commissions: More money to split between you
  • Certainty: No risk of buyer financing falling through

Getting Both Spouses to Agree

The key challenge is getting both parties to agree on selling. Cash buyers can help by:

  • Providing a fair, transparent offer
  • Explaining the process clearly to both parties
  • Moving quickly so you can both move on
  • Handling complications professionally

Timeline Considerations

If your divorce is already in progress, timing matters:

  • You may need court approval to sell (check with your attorney)
  • Proceeds may need to be held in escrow until divorce is final
  • Fast closing helps you finalize the divorce sooner

Tax Implications

When selling during divorce:

  • You may qualify for capital gains exclusion if you lived there 2+ years
  • Tax basis may need to be split between spouses
  • Consult a tax professional for your specific situation

Getting Started

If you're going through a divorce and need to sell your house, start by getting a cash offer. It's free, takes 24-48 hours, and gives you a baseline to work with. Both spouses can review the offer and decide together.

We've helped many couples sell their homes during divorce. We understand the sensitivity of the situation and work to make the process as smooth as possible for everyone involved.

Call us at (828) 677-2776 or get your free cash offer.

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Author: We Buy Houses In Carolinas

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