One of you keeps it
If one spouse wants to stay and can refinance or buy out the other, keeping the house may make more sense than selling. A lender can tell you what's realistic.
Selling the house during a Virginia divorce
How Virginia courts treat the family home, what can happen before the divorce is final, and the choices for the two of you.
No obligation. No pressure. Takes about 2 minutes.
How it works in Virginia
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1
While the case is open
During the divorce, a Virginia court can make temporary orders, including who gets exclusive use of the family residence and orders to preserve either spouse's property until the final decree.
Source: Code of Virginia § 20-103
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Marital, separate or both
The court decides who holds title and what the property is worth. A house titled in both of your names is generally marital property, and the law also recognizes property that is part marital and part separate.
Source: Code of Virginia § 20-107.3
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The court can divide it or order a sale
For jointly owned marital property, the court can transfer the house to one spouse or order it sold, by the two of you privately, through an agent the court names, or at public sale, without a separate partition case.
Source: Code of Virginia § 20-107.3(C)
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Or the two of you agree
You can work out your own agreement about the house, and the court can approve it and make it part of the divorce decree.
Source: Code of Virginia § 20-107.3(I)
Your real options
Sell for cash and split it
If you both want a clean break, a cash sale can close in as little as 7 days with no fees or commissions, so there are fewer steps you have to agree on.
List it with an agent
If you can cooperate on showings and timing, listing often brings more. We show the cash offer next to what listing could net so you both see the same numbers.
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 about your specific case.
Frequently asked questions
Can my spouse sell the house without me?
A house titled in both of your names is jointly owned, so a sale normally needs both owners. If you can't agree, the court can order it sold as part of the divorce.
Can we sell before the divorce is final?
Often, if you both agree. First check whether the court has entered temporary orders about the home or your property while the case is open. Your attorneys can confirm.
What happens if we can't agree on the house?
The court decides who holds title and what it's worth, then can transfer it to one of you or order it sold, privately, through an agent it names, or at public sale.
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.