What Happens to the House in a Divorce?
5 Things Most People Don’t Find Out Until It’s Too Late
What Happens to the House in a Divorce
If you're going through a divorce or supporting someone who is you already know how emotional and overwhelming the process can be. And when the family home is involved, the stakes feel even higher. It's not just about bricks and square footage it's about memories, stability, and what comes next.
This guide is designed to help you understand your options and avoid the common missteps that can turn a home sale into a major source of stress.
If both names are on the deed, both people typically need to agree to sell the home. Even if one person has already moved out or isn’t contributing financially, they still have legal rights. The home can't be sold without the proper agreements or, in some cases, a court order.
Experienced agents understand the implications of MSAs, restraining orders, lis pendens, use & possession, and court-assigned sales. They verify title, assess equity and encumbrances, and confirm court permissions before taking action. This reduces the attorney's need to educate the agent and eliminates costly mistakes caused by inexperience .
What Happens to the House in a Divorce
Equity isn't just the market value minus what’s left on the mortgage. Other things like liens, solar panel loans, or deferred maintenance can affect your bottom line. A professional can help you calculate true net equity so there are no surprises when it's time to divide proceeds. 3
This isn’t just a regular sale. You need someone who can remain neutral, keep both parties informed, and work within any legal agreements already in place. The wrong agent can accidentally create more conflict. The right one helps reduce it. 4
Selling a home during divorce doesn’t have to be a battle. With clear communication, realistic expectations, and the right professional support, you can move forward with confidence and protect your equity along the way.
Kathleen Magat
REALTOR, CLHMS™ ®
O: 512.866.3795
M: 650.291.7516
kathleen.magat@elliman.com
Kathleen Magat is a seasoned real estate professional based in Austin, TX, with over 15 years of experience managing complex situations. She holds an MBA, is a Certified Luxury Home Marketing Specialist™ (CLHMS™), and is a trained Divorce Real Estate Specialist.
Kathleen collaborates with attorneys, fiduciaries, and mediators to ensure the home sale process aligns with court orders, protects equity, and reduces litigation risk. Her process emphasizes neutrality, transparency, and strategic communication making her a reliable ally for attorneys handling divorce matters involving real property.
As a Divorce Real Estate Specialist, Kathleen is held to a much stricter Code of Ethics than most Realtors®. This ensures she remains an impartial third party working on behalf of the divorcing couple. Kathleen’s sole purpose is to neutralize any issues while selling the property as quickly as possible for the highest and best price.