May 17, 2024

Is It Better to Sell Your House Before or After a Divorce in Missouri?

Going through a divorce can be an emotionally and financially challenging time. One of the major decisions that divorcing couples have to make is what to do with their shared assets, including their house. Selling a house during a divorce in Missouri can have a significant impact on both parties involved.

In this blog post, we will explore the pros and cons of selling a house before or after a divorce in Missouri. By considering various factors such as court involvement, spousal agreement, capital gains tax, equity, and bond payments, you can make an informed decision about the best time to sell your house during a divorce.

What to Consider When Selling a House Before or After Divorce in Missouri

When it comes to selling a house during a divorce in Missouri, there are several important factors to consider. These factors can greatly influence the outcome of the sale and the division of assets. Let's take a closer look at some of these considerations.

Court Involvement

In some cases, the court may need to be involved in the decision to sell the house. This typically occurs when there is a dispute between the divorcing couple regarding the sale. If the court is involved, it may appoint a real estate agent to handle the sale process and ensure that both parties' interests are protected. This can add an extra layer of complexity and potentially prolong the sale process.

Spousal Agreement to Terms and Conditions

Before selling the house, both parties must agree on the terms and conditions of the sale. This includes decisions about listing price, repairs or renovations, and the division of proceeds. If there is a lack of agreement, the sale process can become contentious and may require legal intervention. It is essential to consult with a divorce attorney to ensure that your rights and interests are protected throughout the process.

Capital Gains Tax

Another crucial consideration when selling a house during a divorce is the potential capital gains tax implications. In Missouri, if you have lived in the house for at least two out of the past five years, you may be eligible for the capital gains tax exclusion. This exclusion allows you to exclude up to $250,000 of capital gains if you are single or up to $500,000 if you are married. However, if you sell the house after the divorce is final, you may not be eligible for this exclusion, which could result in a higher tax liability.


The amount of equity you have in your home is another important factor to consider when deciding whether to sell before or after a divorce. If you have a significant amount of equity, selling the house before the divorce is final may allow you to divide the proceeds and move forward with a clean break. On the other hand, if the equity is minimal, it may be more beneficial to wait until after the divorce to sell the house, as it could potentially increase in value over time.

Bond Payments

If you have an outstanding mortgage on the house, you need to consider how the bond payments will be handled during the divorce process. Selling the house before the divorce is final can help you avoid any future complications or disagreements regarding mortgage payments. However, if you choose to sell the house after the divorce, you will need to come to an agreement on who will be responsible for making the bond payments until the sale is completed.

Pros and Cons of Selling Before Divorce

Before making a decision, it's essential to weigh the pros and cons of selling your house before a divorce. Here are some key points to consider:


  • Allows for a clean break and a fresh start.
  • Avoids any potential disputes or disagreements regarding the division of assets.
  • Provides the opportunity to move on and find a new home that better suits your needs.


  • Can be emotionally challenging to sell a family home before the divorce is final.
  • May require court involvement, which can prolong the sale process.
  • The market conditions may not be favorable, resulting in a lower sale price.

Pros and Cons of Selling After Divorce

Now let's explore the pros and cons of selling your house after a divorce:


  • Gives both parties time to adjust to the changes and make informed decisions.
  • Allows for a potentially higher sale price if the real estate market is favorable.
  • Provides the opportunity to buy out your spouse's share if desired.


  • Can prolong the divorce settlement process, leading to added stress and uncertainty.
  • Requires ongoing communication and potential disagreements regarding the maintenance and upkeep of the house.
  • Market conditions may change, resulting in a lower sale price if you wait too long.

Options for Selling Your House During Divorce

When it comes to selling your house during a divorce, there are several options to consider. Let's take a look at some of them:

Cash Home Sale

A cash home sale is a quick and straightforward option for selling your house during a divorce. This option allows you to sell the house as-is, without the need for repairs or renovations. While you may not get the highest sale price, a cash home sale can provide a fast and hassle-free solution, allowing you to move on with your life.

Traditional Home Sale

A traditional home sale involves listing your house on the real estate market with the help of a real estate agent. This option can potentially yield a higher sale price, but it also requires more time and effort. You may need to make repairs or renovations to attract buyers and negotiate with potential buyers to finalize the sale.

For Sale by Owner (FSBO)

If you prefer to have more control over the sale process, you can consider selling your house as a "For Sale by Owner" (FSBO). This option allows you to bypass real estate agent commissions and potentially save money. However, keep in mind that FSBO sales require a significant amount of time, effort, and marketing skills to attract potential buyers.

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.