One of you keeps it
If one spouse can afford the house alone and buy out the other's share, keeping it may be the right call, especially with children in school. Your attorney can help with how that's written into the settlement.
Going through a divorce in DC? Here's what happens with the house.
How Washington, DC courts divide a home in a divorce, what you need to ask for, and your options for keeping, selling or listing it.
No obligation. No pressure. Takes about 2 minutes.
How it works in DC
-
1
Where you can file
You can file for divorce in DC if you or your spouse has lived in DC for six months before filing. There's no required period of separation first.
Source: DC Courts, Family Court: Divorce
-
2
Ask for the property in the divorce case
Division of marital property has to be requested in the divorce case itself. The court warns that if you don't ask for it there, you lose the chance.
Source: DC Courts, Family Court: Divorce
-
3
Separate property goes to its owner
Property one spouse owned before the marriage, or received during it by gift or inheritance, is assigned back to that spouse as their sole and separate property.
-
4
Everything else is divided fairly, whatever the deed says
Other property and debt built up during the marriage is divided in a way that is equitable, just and reasonable, even if the title is in one name or held jointly. Factors include each spouse's contributions to the home, including as a homemaker.
Your real options
Sell for cash and split the proceeds
When you both want a clean break, a cash sale can close in as little as 7 days, with no fees or commissions. You both see the same numbers, and there's no obligation.
List it together
If you can cooperate for a few months, listing often brings a higher price. We'll show you the cash offer next to what listing could net, so the decision is about numbers, not pressure.
See both numbers
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
This page explains the general rules. It isn't legal advice. Your documents and situation may differ, so talk to a family law attorney or the Family Court Self-Help Center about your specific case.
Frequently asked questions
Does it matter whose name is on the deed?
Less than you might think. For property acquired during the marriage, DC courts divide it in a way that is equitable, just and reasonable, whether the title is in one name or held jointly. Property owned before the marriage or received as a gift or inheritance goes to that spouse.
What if we don't ask the court to divide the house?
The DC Courts say division of marital property has to be requested in the divorce case, and you lose the opportunity if you don't ask for it there. Talk with your attorney about how to raise it.
Where can I get free help with the court process?
The Family Court Self-Help Center in Room JM-570 of the Moultrie Courthouse, (202) 879-0096, gives general legal information and help with forms. It can't give legal advice or represent you.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.