Can I Legally Sell My House During the Divorce Proceeding in Missouri?
Are you going through a divorce in Missouri and wondering about the division of assets, particularly the house? The process of dividing assets during a divorce can be complex and confusing, and it's important to understand your rights and options.
In this article, we will explore whether you can legally sell your house during the divorce proceeding in Missouri.
What Is Division of Assets in a Divorce in Missouri?
The division of assets is a crucial aspect of any divorce settlement. It involves the fair distribution of property and debts between the spouses. In Missouri, assets acquired during the marriage are generally considered marital property and subject to division. This includes the family home.
When it comes to the division of the house, Missouri follows the principle of equitable distribution. This means that the court aims to divide the property fairly, although not necessarily equally, based on various factors such as the spouses' financial circumstances, contributions to the acquisition of the property, and the length of the marriage.
Can I Sell My House During the Divorce in Missouri?
Yes, you can sell your house during the divorce in Missouri, but there are certain conditions that must be met. It's important to consult with a divorce attorney to ensure you are following the correct legal procedures. Here are some conditions under which you may sell the house:
- Both spouses agree to the sale: If you and your spouse are on amicable terms and agree to sell the house, you can proceed with the sale. This can be beneficial as it allows you to move forward with the divorce process and divide the proceeds from the sale.
- Court authorization: If you and your spouse are unable to agree on the sale of the house, you may need to seek court authorization. In such cases, the court will consider various factors, including the best interests of both parties and any potential financial or emotional hardships that may arise from the sale.
- Buy out your spouse: Another option is for one spouse to buy out the other's share of the house. This involves compensating the other spouse for their portion of the equity in the property. It is important to have the property professionally appraised to determine its current market value.
What Happens if I Sell the House Without the Other Spouse’s Consent?
Selling the house without your spouse's consent can have serious legal consequences. It is crucial to obtain proper authorization or reach an agreement before proceeding with the sale.
If you sell the house without your spouse's consent, they may have grounds to challenge the sale and seek a portion of the proceeds. This could potentially result in costly legal battles and further delay the divorce process. It is always advisable to consult with a divorce attorney to ensure you are following the correct legal procedures.
The Role of Missouri Courts When Selling A House During Divorce
In some cases, the court may need to intervene in the sale of the house during a divorce proceeding. Missouri courts have the authority to issue temporary orders and injunctions that may prevent the sale of the property.
Temporary orders are typically put in place to maintain the status quo and ensure both parties are protected during the divorce process. Injunctions, on the other hand, are court orders that prohibit certain actions, such as selling or transferring assets, until the divorce is finalized or further court orders are issued.
If you are considering selling your house during a divorce, it is important to be aware of any temporary orders or injunctions that may be in effect. Violating these orders can have serious consequences and may negatively impact the outcome of your divorce settlement. It is always best to consult with your divorce attorney to ensure you are complying with all court orders and legal requirements.
What Should I Consider When Selling a House During Divorce?
Legal Implications
Selling a house during a divorce can have various legal implications. It is essential to understand your rights and obligations before proceeding with the sale. Consulting with a divorce attorney is highly recommended to ensure you are aware of any legal requirements and to protect your interests throughout the process.
Communication with Spouse
Open and honest communication with your spouse is crucial when selling a house during a divorce. It is important to discuss your intentions and reach an agreement on how to proceed. If you are unable to communicate effectively, involving a mediator or your respective attorneys can help facilitate the discussion and reach a resolution.
Property Valuation
Obtaining a professional appraisal is essential to determine the fair market value of your house. This will help you understand the potential sale price and negotiate with potential buyers. It is important to obtain an independent appraisal to ensure transparency and fairness in the valuation process.
Division of Sale Proceeds
In Missouri, the proceeds from the sale of the house are typically subject to division between the spouses. The division will depend on various factors, including the court's determination of each spouse's equitable share. It is advisable to consult with a divorce attorney to understand how the sale proceeds will be divided in your specific case.
Timeline for Sale
Selling a house during a divorce can add additional complexity and time to the process. It is important to establish a realistic timeline and consider any potential delays that may arise. Working closely with your divorce attorney and real estate agent can help ensure a smooth and efficient sale.
Options for Selling Your House
When selling your house during a divorce, you have several options to consider:
Cash Home Sale
A cash home sale is often the best option for those going through a divorce. It offers several advantages, including:
- Selling your house fast: Cash buyers are typically able to close the sale quickly, allowing you to move forward with your divorce proceedings.
- No home repairs: Cash buyers are often willing to purchase the house as-is, eliminating the need for costly repairs or renovations.
- No closing costs: Cash buyers typically cover the closing costs, relieving you of any additional financial burden.
- No realtor commissions or fees: Selling your house directly to a cash buyer eliminates the need for a real estate agent, saving you money on commissions and fees.
Traditional Home Sale
Another option is a traditional home sale, involving the assistance of a real estate agent. While this option may offer a higher sale price, it also comes with certain drawbacks:
- Longer process: Selling a house through traditional methods can be time-consuming, which may delay the divorce proceedings.
- Realtor commissions and fees: Hiring a real estate agent means you will need to pay commissions and fees, reducing the overall proceeds from the sale.
For Sale by Owner (FSBO)
Selling your house as a "For Sale by Owner" (FSBO) allows you to bypass real estate agents and handle the sale yourself. This option can save you money on commissions but requires a significant amount of time and effort:
- Marketing and advertising: You will be responsible for marketing and advertising your house to potential buyers, which can be time-consuming and challenging.
- Negotiations and paperwork: Handling negotiations and paperwork without professional assistance can be complex and may lead to mistakes or disputes.
Why Is a Cash Home Sale the Best Option During Divorce?
If you are going through a divorce in Missouri and need to sell your house, a cash home sale is often the best option. Here are some benefits of selling your house for cash:
- Sell your house fast: Cash buyers are typically able to close the sale quickly, allowing you to move on with your life and finalize the divorce process.
- Make no home repairs: Cash buyers are often willing to purchase the house as-is, relieving you of the burden of making costly repairs or renovations.
- No closing costs: Cash buyers typically cover the closing costs, saving you money and reducing the financial stress associated with selling a house.
- No realtor commissions or fees: Selling your house directly to a cash buyer eliminates the need for a real estate agent, allowing you to keep all the proceeds from the sale.
Sell Your House Fast in Missouri and Kansas
If you need to sell your house fast but don’t want the hassle of a traditional home sale, contact Brittco. We buy houses as-is. No repairs are needed. Avoid closing costs and realtor commissions. Close in as little as seven days. Call 913-219-5583 for a fast cash offer from our local home buyers in Missouri and Kansas.