While it’s much more common for a home to be sold after the divorce is finalized, there are instances during which it will be on the market before then. In some cases the judge may order the home be put on the market while the details of the divorce are still being hammered out.
It’s not even unheard of for the home to already be on the market when one spouse serves the other spouse with divorce papers.
When Will a Judge Force the Sale of a Home?
There are two times when it’s likely to happen. During the division of assets, when the judge may force the sale of the home to make dividing the assets easier. This would happen at the end of the process.
But if the judge forces the sale before the process is finalized it’s usually because the home is rapidly losing value. Maybe one spouse is deliberately trashing the home with a deliberate eye toward devaluing it. (Keep in mind this dirty trick is likely to backfire, and may even get the spouse in question charged with criminal mischief).
More commonly, the spouse responsible for paying for the home ends up in some sort of financial distress. The home teeters on the edge of foreclosure, at which point it becomes far more of a liability than an asset. Quickly selling off the home and dealing with either the deficiency balance or whatever sales proceeds don’t go to the bank becomes the best way to protect the interests of both spouses.
What Provisions Should we Make in Our Separation Agreement?
If you’ve read other articles on our blog you know we recommend a formal separation agreement whenever you and your spouse separate, something to help handle the major issues of breaking two households into one while you wait for the final decree.
If you follow this advice and plan on selling the home, your separation agreement should cover:
Who is going to live in the home until it sells?
Who is going to make the mortgage payments until it sells?
Who is going to pay other ongoing expenses, like repairs, and utilities, until it sells?
Who is going to pay the costs of selling the home if those costs can’t be passed on to the buyer, or deducted from the proceeds?
Once the house sells you should deposit the proceeds, if any, into an account. Neither you nor your spouse should touch that money until the division of assets is finalized, either via out-of-court settlement or via a judge’s decisions about the divorce decree.
Do You Have Any Tips for Selling the Home During a Divorce?
If you were attempting to sell it yourself, it’s time to switch to a Realtor. It will be one less thing to worry about, and it will ensure everything that happens with the house is above reproach.
It also gives you a neutral, professional mediator to help you make decisions about things you might otherwise argue about, like how much to list the house for, or even how much to spend on increasing its curb appeal.
If at all possible, both you and your spouse should think about vacating the home so it can be staged to move quickly.
Finally, if you don’t love the idea of selling the house, or even if you don’t want the divorce, resist the temptation to poison the deal. It will only cost you more in time and aggravation later, and it may generate displeasure in whichever judge ends up managing your divorce.
Is There Anything Else We Should Think About?
Remember if you owned the home prior to marriage and didn’t use marital funds to purchase it, it might not even be marital property. At that point, it’s your sole responsibility, but also yours to sell, live in, or deal with as you see fit.
Not sure? Have a complicated situation? Be sure to tell us about it at your consultation, the ideal place to discuss your unique divorce concerns.
Patrick J. Cooper, Esq. is the founding partner of Cooper Family Law in Philadelphia, specializing in family law matters, including divorce, custody, and adoption. With over 20 years of experience, Patrick is dedicated to providing compassionate, client-focused legal services. He is a trusted advocate in Southeastern Pennsylvania and has been recognized by Super Lawyers and Rising Stars for his outstanding work in family law.
Patrick J. Cooper, Esq. is the founding partner of Cooper Family Law in Philadelphia, specializing in family law matters, including divorce, custody, and adoption. With over 20 years of experience, Patrick is dedicated to providing compassionate, client-focused legal services. He is a trusted advocate in Southeastern Pennsylvania and has been recognized by Super Lawyers and Rising Stars for his outstanding work in family law.
The best way to understand how Cooper Family Law can support you is by hearing directly from those we’ve helped. Our clients consistently praise our attentive service, thoughtful legal guidance, and successful outcomes. Read through our client testimonials to see why families across the Philadelphia region trust us with their most important legal matters.
Although Patrick was ultimately unable to take my case due to prior contact from the other party, he still took the time to speak with me and explain the situation with clarity and professionalism. I appreciated his honesty and integrity, as well as the thoughtful guidance he offered during a difficult moment. It’s rare to encounter someone so straightforward and respectful, and I would not hesitate to recommend him to anyone seeking knowledgeable and ethical legal counsel.
My divorce was a long and grueling process. I was very lucky to have somebody like Pat in my corner. Many times he went above and beyond my expectations and helped me through a really difficult time.Pat was readily available for whenever I needed him, which wound up being often. He is a stand-up guy who is knowledgable and experienced. He was ready to go to bat for me at a moments notice when the situation arrived (which wound up being often).Getting divorced is overwhelming, scary, and can make… More you feel like you are on your own. Having a guy like Pat on your side makes it a little bit easier.I highly recommend Pat.
I am grateful to have Patrick Cooper as my family lawyer. Patrick Cooper and his team was the highly competent, engaging, and accessible legal professionals that I needed to guide me through very complex legal matters that I was unfamiliar with. Attorney Cooper is not only well-informed, but also easy to talk to, takes the time needed to interpret the law and advise on options, cares about outcomes, and is affordable. I highly recommend the Cooper Family Law firm without any hesitation.
I am very grateful to have found Patrick and Monique in a difficult time! They were patient, reliable, always available to answer questions and provide recommendations along the way. I felt my interests were important to them and represented at every juncture. The process was smooth and handled so professionally, I never doubted I had experts in my corner.I’d absolutely recommend Cooper Family Law to anyone seeking legal representation!
Working with Cooper Family Law has been an excellent professional experience. Patrick Cooper demonstrates exceptional expertise in divorce law and maintains clear, timely communication throughout every stage of our collaboration. Their attention to detail and commitment to client outcomes make them a reliable partner in the legal field. Highly recommended for anyone seeking knowledgeable and efficient divorce attorneys in Philadelphia.
Cooper Family Law is the best divorce law firm in the Philadelphia area. They handled my complicated divorce with child custody, support, and division of property issues. My attorney and the support staff were excellent. They really took the time to understand my situation, explain the process to me, and helped me approach every decision that I had to make in an educated and practical way. I strongly recommend them to anyone else who needs a divorce lawyer in the Philadelphia area.
I am beyond grateful for the exceptional representation I received from attorney Zachary throughout my long and challenging custody case. This process has taken years prior to Cooper Law Firm and has been incredibly difficult—emotionally, mentally, and physically—for both me and my son. From the very beginning, Zach approached my case with compassion, professionalism, and an unwavering commitment to achieving what was best for my child’s wellbeing.As a young mother, I often felt dismissed or misunderstood… More before finding Cooper Law Firm. He was the first attorney who truly listened, believed in me, and validated what I was experiencing. He never made me feel irrational or unheard. Instead, he helped me feel grounded and supported through every step of the process.Zach’s dedication, attention to detail, and genuine care for my son’s mental and physical health were evident in everything he did. He consistently fought for what was right and made sure my son’s best interests were always the top priority.Thanks to Zach’s expertise and persistence, my son and I finally have the stability and peace we’ve been working toward for years. I cannot recommend Zach and his firm highly enough to anyone facing a difficult custody matter. Their professionalism, empathy, and commitment truly set them apart.
Zachary Bartman was an outstanding lawyer and I’m extremely grateful for his representation in my PFA case. He was professional, knowledgeable, and well-prepared from start to finish. He took the time to explain everything clearly, answered my questions honestly, fought hard for me in court and completely shut out the opposing council. Thanks to his expertise and confidence, we won the case. I highly recommend Zachary Bartman to anyone who needs a skilled and dependable attorney, especially for PFA… More matters.
My child custody case has been difficult from day one. I was previously represented by a lawyer who was not straightforward with me about the process and did not explain my options clearly. Working with the Cooper Family Law team was so much better. Like night and day. Patrick and his team were friendly and helpful from the beginning. Everyone that I worked with on the team was really sharp and also kind. They guided me through a very difficult time. They are the best child custody lawyers in the… More Philly area!
I hired the firm to draft my prenuptial agreement, including helping me put together my goals and the necessary disclosures. They were informative, efficient and personable but most importantly they kept us on track throughout the process so that we were able to finalize everything well before our wedding.
Zach is the guy that knows what he is doing. The system might appear to not be on your side at the beginning of your litigation, but Zach not only builds your case squarely but he also brings the law to your side with equity and fairness.You cannot be wrong with him. Thank you
Carol Krawitz has been nothing short of amazing. This has been the most difficult time of my life; however, Carol has made this transition for me as smooth as possible. She has displayed a great understanding of family law, which has helped me through my custody issues. Although my journey isn't over, I'm happy with the results that I have achieved with Carol Krawitz leading the process.
I had an extremely great experience with Zachary Bartman! I can’t thank him enough for the help he provided me with during an incredibly difficult time. I contacted the bar association, and he reached out to me first within that same day. He took the time to listen to me and assess the situation. Although it took time to detain him due to unfortunate events. That initial contact from him stuck with me! He led with confidence, empathy and compassion. I felt safe, heard, understood and supported all… More in a short phone call. When I was ready to start my legal journey; I called him back and he and his assistant Anna (I believe) met me with so much patience and grace. My custody and Divorce matter was a challenging situation, but he made it manageable and provided me with a phenomenal level of professionalism and understanding that made me feel ready, empowered and reassured. I was overwhelmed emotionally, and I have been bullied for years and tried to avoid the courts. I needed counsel at this point; I wanted fairness and what was best for my children. He walked me through the entire process before it happened; we talked, I cried, he listened to my story sincerely, we laughed at my thoughts/ jokes lol I felt supported the entire way! He made me proud the way he stepped up and handled the room. I will highly recommend Mr. Bartman to anyone in need of one of the best Divorce & custody lawyers! Cooper Family Law, you have a gem! Thank you!
Zachary helped me through my case. I truly believe it was because of him that I won. He listened to my story and he made sure the truth was heard in trial. He fostered confidence in me during a very anxious time. He was professional, polite, and understood his job very well. He walked me through the entire process before it happened and provided reassurance throughout. I'd recommend him to anyone I know.
I can’t thank Pat and his staff enough for the help they provided my family during an incredibly trying time. He took the time to listen and assess the situation, make thoughtful recommendations, and be a constant resource so we achieved our goal of a fair and equitable outcome. One of the best in PA!
Never a pleasure to be in court, but always a pleasure to work with Cooper Family Law. From the very beginning, they made a challenging situation manageable and provided a level of professionalism and understanding that was both reassuring and empowering. The team is thorough, responsive, and incredibly knowledgeable about family law, guiding me through each step with patience and clear communication. Zachary Bartman, in particular, was a standout—his dedication and expertise led to a favorable outcome… More in my case, and I felt supported the entire way. If you're looking for a firm that truly has your back, Cooper Family Law is the one.
It was a smooth experience with this lawyer. She was very nice and polite. She did everything to make the divorce easy and smooth so I will appreciate anybody that want to use her in divorce to go ahead and have that confidence in this lawyer OK thank you guys. God bless.
Pat is a highly knowledgeable and compassionate family law attorney. Handles cases with professionalism and care, ensuring the best outcomes for his clients. Highly recommend!
Pat Cooper has the experience, expertise and communication skills that deliver favorable results. Pat's familiarity with Philadelphia's courts and judges proved invaluable.
Mr. Cooper’s “bedside manner” - if you will - is almost avuncular. His mastery of jurisprudence is evident after mere minutes into a conversation.To be succinct: The man is good at what he does.
I recently had the pleasure of working with Cooper Family Law, particularly with Zachary S. Bartman, for the preparation of a prenuptial agreement. From the initial consultation to the finalization of the prenuptial agreement, Zachary S. Bartman demonstrated a high level of professionalism, expertise, and dedication. He meticulously explained every aspect of the agreement, ensuring that I understood all the terms and conditions involved and that the agreement was fair and comprehensive. His responsiveness… More was remarkable—he consistently replied to my inquiries in a timely fashion, which greatly contributed to the smooth and efficient process.The entire process with Cooper Family Law was seamless, thanks to Zachary’s diligent efforts. The firm’s organizational skills, combined with Zachary’s expertise, made what could have been a stressful and complicated procedure remarkably straightforward and stress-free.I highly recommend Cooper Family Law and Zachary S. Bartman to anyone in need of legal assistance with prenuptial agreements or any other family law matters.
I was given last minute notice that I had to appear in court for a legal matter. I had one day to find representation and when I called Cooper Family Law, they took the time to listen to me and responded swiftly. Mr. Zachary Bartman contacted me to discuss the case and assured me that he would meet me in court the following day. Mr. Bartman exceeded my expectations in every way when it came to handling my case. He addressed any questions or concerns that I may have had. While I hated having to be… More in court, Mr. Bartman helped to make it more bearable for me. I can’t say enough good things about Mr. Bartman and this firm. In the end we got the desired outcome and I don’t believe it would have been possible without him. I am extremely appreciative for your help throughout this process, Zachary. I would 100 percent recommend this firm and if the need arises in the future, I will have them represent me. If you find yourself reading my review, please understand that I hate leaving reviews so that should speak to the level of professionalism that Zachary displayed. Don’t hesitate to contact Cooper Family Law if you need assistance.
Zach did a excellent job in handling my pfa case. Zach is very intelligent and sharp as a tac in handling the false accusations made against me. Most importantly you should consider hiring him to help you defend against a pfa because when it's time for him to do his job, he takes control of the court room and gets it done. It doesn't matter what kind of lies you are up against and the new lies that come out during court Zach puts it down thank you for the awesome job. Robert Nimchuk
When I first realized I needed a lawyer for my custody situation, I simply googled custody law and chose to call Cooper Family Law because I had heard the name before through some advertisement somewhere. My consultation with Zachary Bartman was smooth and reassuring but when I met him in person I noticed he looked super young, and I feared he lacked the experience needed to produce my desired outcome.My ex refused to concede any ground at all, and we were forced to go to a custody trial. When I… More tell you Zachary Bartman completely overwhelmed opposing counsel and made their arguments appear foolish to our trial judge, I am not exaggerating. In fact, I felt foolish for judging a book by its cover. He was able to get me what my family and I had set out for despite a mountain of lies and nonsense impeding us. I now cherish the time I get to spend with my son, and I thank God I picked up the phone to call Cooper Family Law everyday. I will highly recommend Mr. Bartman to anyone in need of one of the best custody lawyers in Philly/Delco/Montco areas, and if I am ever in another pickle I know he’s the guy to get the job done.
Patrick has done an amazing job reuniting our family. Very professional, prompt responses, and leaves no questions unanswered. We are very grateful that Patrick was sent out way, without him, we would not of had our family reunited. Patrick representing our family truly was a blessing. We highly recommend hiring Patrick.
Thank you for your great services, Mr. Patrick Cooper, he worked fast & efficiently to get a winning result ,I highly recommend Cooper Family law firm ,If you want to win any Custody issue or other Services. This is the go to firm.
