How Long After Divorce Do You Have to Sell Your House?

 Posted on May 30, 2025 in Divorce

Selling a home, particularly one you have spent a considerable amount of time living in or raising your children in, can be difficult. Going through a divorce can also be difficult and emotional. When you are forced to do both these things at the same time, you may end up feeling emotionally exhausted. There are many different scenarios in a situation like this. The court may have ordered the sale of the marital home, with the proceeds from the sale to be split in a specific manner.

One spouse may be allowed to remain in the house with the understanding that he or she will manage the sale, or both spouses may move out and work together to sell the house. In most cases, the Marital Settlement Agreement will set forth the details of the home sale and may even include a specific time limit for the sale.

The sale of a home can be difficult to put a timeframe on because of the very nature of real estate. In some cases, a home may sell quickly, while in other cases, a home may languish on the market for a year or more. If the sale of your marital home is a part of your divorce, it is beneficial to discuss the issue with your Wheaton, IL divorce lawyer.  

Should You Sell Your Home?

You may have been awarded the marital home as part of the marital settlement agreement, and are thinking about selling, but are unsure whether you should make a decision like this during an emotional time. This is a different issue from being told by the court that you must sell the home. If you are not under a court mandate, then the decision to sell or not sell your home is a very personal one, and only you can make it.

Perhaps you are eager to close this part of your life out and move forward. If your marriage was full of acrimony and arguments, you may have no desire to stay in a home that is a constant reminder of those difficult times. If the time you and your spouse spent in the home was largely happy, you may not want to sell the house, even if it makes sense financially. Selling the home allows you to start fresh financially and find a home that is all yours.

Selling the house now may allow you to move forward emotionally as well as financially, in which case, it can be a positive move. You will also want to consider the state of the real estate market at this particular time. If it is in a lull and you can afford to wait, then that might be the best financial decision. If real estate is at a high point, then the best financial decision might be to sell now, even if you are not quite emotionally ready.

Selling Your Home Under a Court Order

If the court has ordered you to sell the marital home and split the proceeds with your spouse, then you are at a completely different place than when it is strictly your decision. If this is the case, then the decisions you make will depend on whether both you and your spouse will be responsible for any necessary repairs and for putting the house on the market, or whether only one of you will be handling those tasks.

Will you both be remaining in the house until it sells, or do you already have another home? Did the court put a time limit on how long you have to sell the house? If capital gains tax is an issue, it is best to have the house sold within three years of the divorce. This is because, under the capital gains tax rule, you must have lived in the home for two of the past five years for the proceeds to be tax-exempt.

What if Your Spouse is Supposed to Sell the House and You Suspect He or She is Not Really Trying?

Sharing ownership of a home in which only one former spouse lives can cause significant tension regarding maintenance expenses and mortgage obligations. If you feel as though your spouse is doing everything in his or her power to avoid selling the home, even though you really need your share of the proceeds, then you may need to speak to your divorce attorney and potentially return to court.

Perhaps your ex-spouse has turned down good offers and is stubbornly holding out for a higher price. Unfortunately, it can take months to force your ex-spouse to comply with the court order to sell the marital home, although in the end, he or she will probably be required to pay your attorney fees. If there has been a drop in the real estate market during the time your ex-spouse is waffling, the court may order him or her to make up the difference.

What Should Be Specified in Your Marital Settlement Agreement?

Your divorce decree or marital settlement agreement should clearly spell out the following:

• Who currently has legal ownership of the home? Is the house and the mortgage in both your names?
• How will the proceeds be split after the sale of the house?
• Which spouse is responsible for expenses related to the house in the interim, including maintenance, taxes, mortgage, and insurance?
• How long do you or your spouse have to sell the home?
• Will one spouse remain in the home?
• Which spouse is responsible for selling the home, and how much time does he or she have?
• How will the listing price be established?
• What process will be used for handling offers on the home?

Make Sure You Talk to Your Divorce Attorney and a Realtor

You need to be absolutely clear on every aspect of the sale of your home, especially regarding how much time the court has allowed you to sell the home. If you are in charge of selling the home, it is important that you adhere to the court’s timeline. If that is impossible, the court should be informed of why it has not sold within the timeframe. Having both a realtor that you trust and an experienced divorce lawyer is important during this time.

You do not want to end up back in court over the sale of the marital home. While it may be tempting to skip the realtor and save the realtor fees, this is rarely a good idea. A realtor who has a track record of selling homes quickly and for the best price can significantly affect your ability to sell your home. Your divorce attorney can answer questions regarding how your marital settlement agreement affects the sale of the house.  

Contact An Experienced DuPage County, IL Divorce Lawyer

Regardless of the situation you find yourself in regarding the sale of your marital home, you must ensure that you fully understand the court’s orders regarding the sale. Having a Wheaton, IL divorce lawyer from The Stogsdill Law Firm, P.C. who can guide you through the process can make it much less daunting. Our law firm is one of the most prestigious in the area.

As a large firm, our clients benefit from our extensive range of resources, yet we remain focused on their needs and individual requirements. Call 630-462-9500 to schedule an initial client meeting with one of our experienced lawyers.