Selling a Home During a Divorce in Massachusetts

When a home is sold during a divorce in Massachusetts, both owners on the deed usually sign the listing agreement and the P&S, and the sale follows any court order or separation agreement. Juan Murray stays neutral, shares the same information with both owners and their attorneys, and provides a net proceeds estimate both sides can review.

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The agreement or court order comes first

A separation agreement or court order may set the timing, the price decisions, who stays in the home and how proceeds are divided. Juan asks for the relevant terms at the start, so the listing follows them from the first day.

Neutral communication

  • Both owners receive the same updates, at the same time.
  • Price changes and offers are presented to both owners, and to their attorneys if requested.
  • Showing schedules work around whoever is living in the home.

Dividing the proceeds

The closing attorney pays off the mortgage and closing costs, then distributes the remaining proceeds according to the agreement or court order. The estimator below includes an ownership share, so each owner can see an estimate of their portion.

IRS Publication 523 explains how the home sale exclusion applies to separated and divorced owners. A tax advisor should review it for each owner.

Common questions

Do both spouses have to agree to sell the house in Massachusetts?

If both are on the deed, both normally sign the listing agreement, the P&S and the deed. A court order can also direct a sale. Each owner's attorney can confirm what applies.

How are home sale proceeds split in a Massachusetts divorce?

According to the separation agreement or court order. The closing attorney pays the mortgage and costs and distributes the rest as directed.

Can we sell the house before the divorce is final?

Often, yes, if both owners agree or the court allows it. Their attorneys should confirm how the sale fits the divorce process.

Sources

This page is general information, not legal or tax advice. Sellers should confirm details with their closing attorney and tax advisor.

Success stories

I had known Juan prior to retaining him as our agent and anticipated a comprehensive, well thought out, sales strategy that fit my and my wife's desires and goals. I was right. While I want to say it was our great preparation that made the process go so smoothly, I think the advice and hand-holding Juan provided and the behind-the-scenes work he did was what actually made our experience exactly what we had hoped for. He also had a great support team that advised us on staging the house and did minor maintenance and clean-up work.
Brian M. · Read more success stories ›

Estimate your net proceeds

Add your ownership share to see an estimate of your portion of the proceeds.

Commission from your listing agreement
Commission is negotiable and set in your listing agreement. Enter 0 if none.