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The Process of Selling a House During Divorce in New Jersey

Home » The Process of Selling a House During Divorce in New Jersey
The Process of Selling a House During Divorce in New Jersey


As a couple moves through life, it can be difficult to define when to call it quits regarding divorce. Who gets to start the next chapter of their lives with whom? Even the time kids spend with their parents is separated, and what was once a joint asset becomes the property of one or the other. Selling a house during divorce is often complex, emotional, and contentious. However, when one partner tries to do it, the stakes for conflict are much higher. Is this allowed to happen in New Jersey?

What Happens to a Shared Property in a Divorce?

The risk of a property dispute during divorce is real, even if you can handle the sale of your marital property amicably. Although one partner may opt to sell a house during a divorce, the other may not. Likewise, there are situations in which you both want to retain the property. What then occurs?

Since every divorce is unique, the response will rely on both parties’ final understanding. During a divorce, you have four options for your New Jersey home.

Equitable Asset Division

Equitable division is the solution if the estate consists primarily of marital assets. You can divide marital assets evenly if they are split between your primary residence, a vacation home, vehicles, stocks, art collections, and other sizable assets.


Co-ownership is a feasible option when friendly interactions continue. You can ask someone to take care of the upkeep or pay the bills. This is also helpful when you wish to sell your house in New Jersey after your divorce.

Monetary Buyout

A buyout agreement is joint among divorcing couples, in which one spouse buys the other’s property. The property is typically sold for less than its fair market worth. You usually have this option if your kids want to stay at their current school.

Market Sale

Selling a house during divorce through a real estate agent is your fourth choice. The resulting profit is split equally between the parties, relieving them of any hurdles in the divorce process. You can be required to pay capital gains tax if you vacate the property for more than two years.

What to Know About Selling a House During Divorce in New Jersey

The equitable distribution law controls how marital assets are divided during divorce proceedings. According to this law, property obtained during a marriage, whether purchased jointly or separately, may be considered marital property. This includes your primary residence, a second residence, and anything else you and your spouse purchased together.

If you intend to sell a property before a divorce settlement is reached, there are typically two ways to partition: collaborative negotiation or court intervention.

Selling a home during a divorce in New Jersey proceeds in the same way as any other real estate transaction. The primary objective is selling the property and its subsequent distribution to the parties in compliance with New Jersey divorce law.

How to Sell a House During Divorce in New Jersey?

The sale of shared property after a divorce may seem simple, but the particulars of your case are complex. To guarantee the timely sale and division of earnings between you both, the process requires you and your spouse to collaborate for the time being.

Getting the Property Ready

Before selling your marital home, you must make any necessary pre-sale repairs. While preparing your property for sale, you and your spouse should agree on how the costs will be split. Consider consulting a mediator or NJ divorce attorney in this matter.

Set the Sale Price

Together, decide on a fair selling price for the marital residence; ideally, this agreement will be written and submitted to the court as a clear record.

Accept a Deal

Any offer made on the property requires the approval of both spouses. It’s crucial to remember that refusing to accept a reasonable offer without cause may result in consequences in certain situations.

Close the Deal

Attending the closing of a house sale is a shared responsibility. Both of you must take part. Virtual meeting technology may be used if you cannot be in the same room.

Sell a House During Divorce to iNest Property Solutions

Facing a divorce is challenging enough without the added stress of selling your home. At iNest Property Solutions, we understand your emotional and financial strain and offer smooth, fair, and hassle-free home-buying solutions.

Why choose iNest Property Solutions? We manage the process from start to finish, ensuring a quick sale so you can confidently move forward—no need to worry about costly renovations or the uncertainty of the conventional real estate market. We buy homes in any condition, offering competitive cash offers that reflect the actual value of your property.

Contact us today for a no-obligation consultation and explore how easy it can be to sell your house!


Divorce is difficult enough without dealing with the hassle of selling your house. We at iNest Property Solutions provide accessible, fair, and hassle-free property-buying options. We recognize the emotional and financial strain you’re under.

Why pick iNest Property Solutions? We take care of everything from the beginning to the end, guaranteeing a speedy transaction so you may proceed with assurance. You don’t have to be concerned about expensive repairs or the volatility of the conventional real estate market. We offer competitive cash offers that accurately reflect the genuine value of your property and buy homes in any condition.

To learn how simple it may be to sell your home, contact us today for a consultation with no obligations!

Frequently Asked Questions (FAQs)

New Jersey is not a 50/50 divorce state. Instead, New Jersey adheres to the equitable distribution concept, which calls for the equitable but not necessarily equal division of marital property and assets.

Regardless of whose name it is under, every debt or asset acquired during a marriage is deemed marital property in New Jersey.

Selling a house 'as is' involves an effort from listing to closing the deal. However, consulting iNest Property Solutions can speed up the selling process.

Consulting iNest Property Solutions to sell your home 'as is' is a simple option.

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