Navigating Home Sales During Divorce in Massachusetts: A Boston and South Shore Perspective
Divorce is a challenging process, and selling your home during this time can add another layer of complexity. If you're considering selling your house amidst a divorce in Massachusetts, especially in the Boston area and the South Shore, here are five key facts to keep in mind:
1. Court Limitations Before Finalizing a Divorce
In Massachusetts, as in many other states, you cannot unilaterally decide to sell your marital home before a divorce decree is finalized. Both parties must agree to the sale. While temporary court orders can be obtained, they cannot force a spouse to sell their interest in the marital property. This was highlighted in cases like Saxon v. Riddel, where courts emphasized mutual consent. If the property was owned separately before marriage, consult with legal counsel to understand your rights regarding its sale. I have many connections with Divorce Lawyers in Massachusetts and mediation specialists here on the South Shore and in Boston. Consider connecting with one first before the process is underway.
2. Legal Clearance Required for Selling During Divorce
Once a divorce case is filed, automatic restraining orders generally prevent the sale of marital property. To proceed with selling your home during divorce in Massachusetts, you and your spouse must draft a stipulated agreement, which, once filed and approved by the court, will allow the sale to move forward. This step is crucial to ensure compliance with legal protocols and to facilitate a smooth transaction process.
3. Staging to Depersonalize and Maximize Appeal
When listing your home during a divorce, it's important to stage it in a way that doesn’t reveal your personal circumstances. Potential buyers might see signs of a pending divorce as an opportunity to negotiate a lower price. Remove personal items, fill in any gaps left by moved furniture, and maintain the property's curb appeal. I can assist with staging to ensure your home looks inviting and neutral. Our goal is to welcome buyers and to get you the best price possible while you are in the midst of your divorce.
4. Consider a Buyout Option
If one spouse wishes to retain the home, a buyout of the other’s equity might be a good solution. I have helped clients ensure that the spouse who wants to keep the home can refinance it in their own name. If refinancing isn't possible within a set timeframe, the agreement should specify that the home will be listed for sale. Selling your home during divorce in Massachusetts has its own set of challenges and we encourage you to start the conversation as early as possible so we can come up with the best approach.
5. The Importance of a Neutral Real Estate Agent
In the Boston and South Shore area, choosing a neutral real estate agent with no personal ties to either party can help ensure a fair and efficient home sale process. As someone with extensive experience assisting couples in these situations, I understand the importance of impartiality and trust. Selecting an agent both parties agree upon can simplify communication and reduce potential conflicts. Depending on your personal situation we can come up with a communication plan that works best for the two of you and your family. I have no problem meeting separately with parties if needed in order to best accommodate your situation.
Selling a home during a divorce in Massachusetts requires careful consideration and collaboration. I understand this is a challenging time and am here to help my clients by not only acting as a neutral party in the transaction to obtain the best outcome, but to look at the ultimate goal with a clear lense. As someone who works with people in varying situations and changing housing dynamics I come with a judgement free perspective to help you plan the next course of action.
Please feel free to reach out to me any time with questions, I am here to help while maintaining your privacy.
Hillary Birch
