When spouses both own a house, both generally have to agree and sign to sell it unless a court order says otherwise. How proceeds are divided is decided by your settlement agreement or the court.
General information only, not legal advice. For advice about your situation, talk to a licensed New York attorney or a HUD-approved housing counselor.
Disagreements about whether to sell or at what price can be taken to the divorce court. Some couples use mediation first. A lawyer or mediator can explain what's possible in your case.
| Listing with an agent | Cash sale | |
|---|---|---|
| Timing | Weeks to months | Can close quickly, on a date you choose |
| Showings | Yes, living in the house while selling can be stressful | Usually one walkthrough |
| Repairs | Often needed | None required |
| Price | Typically higher | Typically lower in exchange for speed and certainty |
Neither is right for everyone. If you and your spouse can wait and the home is in good shape, listing may net more. If you need a clean, quick, low-conflict sale, a cash offer can be easier.
Selling a home can have tax consequences, including the home-sale exclusion rules. A tax professional can tell you how they apply to you.
Can one spouse sell the house without the other?
Generally no, if both are owners or if the other spouse has rights in the property during the divorce. Get legal advice before attempting it.
How are sale proceeds split?
By the agreement or court order. The mortgage and closing costs are paid first.
Can we sell before the divorce is final?
Often yes, if both agree. Put the plan in writing.
Is it better to sell or buy out my spouse?
It depends on finances and what you each want. A lawyer or financial advisor can run the numbers.
Use the button at the top of this page to start. It takes about a minute, there is nothing to sign to get an offer, and you can always compare it with listing or with other buyers.
The Key Buyers · 194 Jericho Tpke, Floral Park, NY 11001 · 516-366-2592. This page is general information, not legal or tax advice, and rules change. Every situation is different. Last updated: October 2026.