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Selling A House During Divorce Kansas City

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Selling A House During Divorce Kansas City

Dealing with the division of assets, including the marital home, is one of the most stressful parts of a divorce. It can take days or even months to negotiate whether to sell the house or not. However, selling the Kansas home and dividing the profits would be the best decision, so both parties can move on with their lives.

The process of selling a marital home during a divorce is similar to selling a typical home. It can be sold with a real estate agent who manages the listing and staging or as is to a cash buyer who simplifies and speeds up the entire process. Once an offer is accepted and the deal is closed, the profit is divided between the parties based on the state’s divorce laws.

Selling a home during a divorce in Kansas can be complicated, depending on which route you take. The more decisions that have to be made, the more disagreements that often arise during the sale. It is recommended to seek out a family law attorney in your state regarding capital gains tax and dividing assets.

If you’re going through a divorce or simply curious, we’re here to help you understand how to sell real estate during this tough time. Don’t forget to bookmark this page and share it with others who may need it!

What Happens To The House In A Divorce Kansas CIty?

When going through a divorce, a property dispute is often an inevitable consequence. Deciding what to do with the marital home can be one of the most difficult decisions to make. One spouse may want to keep the Kansas house while the other wants to sell it. Alternatively, both parties may want to keep the home. However, every divorce is unique, and the ultimate decision about who gets the home or whether it should be sold and the profits divided will depend on the specific circumstances of each case.

There are generally four options available to couples when it comes to dealing with their marital home. The first option is for one spouse to buy out the other’s share of the home. The second option is to sell the home and divide the profits. The third option is for both parties to continue owning the home jointly. Finally, the fourth option is for one party to retain possession of the home for a set period before it is sold and the profits are divided. It is important for both parties to seek legal advice to understand the best course of action in their specific case.

Split Up Large Assets

  • When a divorcing couple has significant marital assets such as multiple properties, it is recommended that they divide them so that each party owns assets with an equivalent value. However, when there is only one house, the other party can receive other assets instead, such as investments, artwork, or vehicles, in order to balance the division of assets. This alternative is often preferable since it eliminates the added pressure of selling a property during a divorce. Nevertheless, dividing large assets necessitates careful negotiation and agreement to ensure that both parties receive a fair and equitable settlement.

Buy out the other spouse:

  • When going through a divorce, one option to deal with a marital home is a buyout. The spouse who wants to keep the property would buy it from the other person at an agreed-upon amount, which could be less than the market value of the house. This option is beneficial for couples with children who are attending school in the area, or if selling during that period is not favorable. However, before proceeding with a buyout, it’s crucial to ensure that the cash used for the buyout is not included in the divorce proceedings. The interested party should also have enough financial resources to pay the mortgage on their own. The buyout amount may depend on several factors, including the income and earning potential of both parties and their contributions to the property.

Consider co-owning:

  • the event of an amicable divorce, co-owning the marital home is a viable option for couples who want to share custody of their children and maintain the status quo. By creating a co-ownership plan, the parties can determine how to split the mortgage and handle repairs, maintenance, and other expenses related to the property. The co-ownership plan may also specify how to divide the sale proceeds if the house is sold later on. However, co-owning a house may also have drawbacks, including financial dependence on the other party, and the potential for late payments to impact both parties’ credit scores.

Sell the house:

  • As previously discussed, selling the marital house in the local real estate market is a typical choice for couples who want to move on with their lives. However, this only works when there is equity to be gained from the sale. Selling the house will provide the divorcing couple with sufficient cash to pay off any outstanding debts, the real estate agent, and divorce attorneys, and will also give them the means to purchase new properties. It’s important to note that if neither party lived on the property for a minimum of two years, they will be responsible for paying capital gains tax.

Do I Have To Sell My House In a Divorce Kansas City?

When a divorcing couple is grappling with the decision of whether or not to sell their marital home, there are several reasons why selling the property is often the best course of action in the state of Kansas. For one, selling the home can provide both parties with a clean break and the financial resources needed to move on. Additionally, keeping the home can be an emotional burden, as it may represent a painful reminder of the past. Furthermore, selling the property and dividing the proceeds can help ensure that both parties receive an equitable share of the marital assets. Finally, selling the home can help prevent any potential disagreements or legal disputes down the road.

Legal battles can complicate the divorce further.

It is common for both spouses to have contributed to the purchase of the marital home, even if the share is not equal. Thus, it is possible that both parties would like to keep the house. If one spouse desires to sell the house while the other wants to keep it, both parties must agree to the terms. In some cases, a legal dispute may arise if an agreement cannot be reached. If the divorcing couple agrees to sell the home, it can prevent a protracted legal battle, reducing the stress and tension between the spouses. While selling a house can be time-consuming and require effort, the couple can eventually split the proceeds and proceed with their lives.


Assuming a sole ownership of the marital home after a divorce can result in higher liability risks for the spouse who wants to keep it. If that person decides to buy out the other party, they must communicate with the lender to see if they qualify for a single-income mortgage. However, the lender might not approve this request if they believe the person cannot afford the payments. In addition, if the other spouse stops contributing to the mortgage, the remaining spouse is liable for the entire payment, potentially leading to foreclosure. These issues can be avoided by selling the home instead of assuming sole ownership.

Financial Considerations

In the event that both parties have no plans of continuing to live in the family home, selling it on the market before the divorce proceedings conclude may be the most financially sound decision. By doing so, both parties can divide the proceeds in accordance with what the court deems equitable. It is important, however, to have a complete understanding of the financial implications of this decision. Seeking legal advice from an attorney who specializes in taxes, tax law, capital gains tax, and other financial matters related to divorce is highly recommended.

Selling House Before Divorce Settlement Kansas City

To prevent potential buyers from taking advantage of the divorcing couple’s eagerness to sell the house, it’s advisable to sell the property before the divorce is filed. If the house is put on the market after filing for divorce, buyers may sense an urgency to sell, leading them to make lower offers on the property.

A few more considerations:

  • To avoid giving buyers the impression that the couple is divorcing, it is advisable for both parties to continue living in the same home while trying to sell it for its market value. This will help present a united front and avoid potential buyers sensing that there may be underlying issues. By doing so, the couple can increase their chances of selling the property for its full value and avoid low offers due to the perceived urgency to sell.
  • If it’s not feasible to continue living in the same home, it’s advisable to avoid clearing out all of the other spouse’s belongings.
  • It’s important for both spouses to be involved in finalizing a deal when an offer is presented, rather than leaving it to just one spouse. This ensures that both parties have a say in the decision-making process and can prevent any potential conflicts or disagreements from arising later on. By working together, the divorcing couple can ensure that the transaction is completed smoothly and fairly.

Again, once the decision to sell the home has been made, the couple’s objective should be to present the property in a way that does not reveal their eagerness to sell. This is crucial to avoid receiving lower offers from potential buyers.

Pros of Selling a Home Before Divorce

  • Home Equity is protected
  • Well positioned for negotiations
  • Less conflict about who gets the house after divorce

Cons of Selling the House Before Divorce

  • It can be challenging for a couple to maintain the appearance of being together or to continue living together after their marriage has ended.

How to Divide the Profit From a House Sale During Divorce Kansas City

If a divorcing couple decides to sell their family home while their divorce is still ongoing, they will need to go through their respective attorneys to divide the proceeds of the sale. The attorneys will need to determine whether the state where the property is located is a community property state or an equitable distribution state. In community property states, assets are typically divided equally between the spouses, while in equitable distribution states, assets are divided fairly but not necessarily equally. In Kansas, if the family home is not considered community property, the court and attorneys will negotiate and determine what is equitable after considering factors such as tax and mortgage payments. Splitting the sale proceeds can be challenging if one spouse has made a larger contribution to the purchase and maintenance of the house. If the divorce attorneys cannot agree on the division of proceeds, the court will make the final decision, which may not favor either spouse. Thus, it is recommended that the couple try to reach a mutual agreement on the division of proceeds to avoid a court ruling.

Three Tips for Selling a House During Divorce Kansas City

It is highly recommended to sell the family home during summer

  • If there are children involved, so as not to disrupt their schooling. Moving to a new home can be a difficult adjustment, especially for children. However, in cases where it is necessary to sell the home during the school year, it is important to be mindful of the potential impact on the child’s routine and emotional well-being. Providing support and reassurance during this transition can help ease their stress and make the process smoother.

Waiting to sell your house until spring may be beneficial

  • Buyers tend to be more eager to purchase a home during this time because the weather is warmer and the end of the school year is approaching. Additionally, spring is when many people receive their tax refunds, providing buyers with additional funds to allocate towards purchasing a home.

Sell to a cash homebuyer

  • When facing the need to sell a family home quickly, couples may want to explore the option of real estate investors and cash home buyers. These buyers are often equipped with the financial resources to make speedy cash offers, allowing both spouses to extract their equity and move on more swiftly.Choosing to sell to a cash buyer typically means a faster transaction than traditional home sales through a real estate agent. This translates to fewer months of ongoing expenses such as taxes, insurance, mortgage payments, utilities, and maintenance. It is a popular option among divorcing couples seeking convenience and speed in selling their Kansas City house.

In Conclusion: Selling a House During Divorce Kansas City

It is not uncommon for selling a marital house during a divorce to be a stressful and emotional process. This is because it is often a painful reminder of the end of a relationship. To minimize stress and maintain the best possible outcome, it is recommended to sell the Kansas City home before or after the divorce proceedings.

During the divorce process, it is essential to avoid low offers from potential buyers who sense desperation in the couple. Fortunately, cash home buyers provide a convenient solution for divorcing couples. They can make fast cash offers and close the sale in as little as a week, without the need for repairs or related expenses.

At 1st Key Homebuyers, we understand that selling your home during a divorce can be overwhelming. That’s why we offer a free, no-obligation cash offer and let you choose the closing date that works best for you. To learn more, fill out the form below or call us at (913) 428-9445

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The Best Way To Sell Your House During a Divorce

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