Preparing Your Home for Sale During Divorce

Property Condition: Whose Responsibility

Both parties share responsibility for maintaining the marital home during a divorce, regardless of who is living there. Allowing the property to fall into disrepair affects the sale price and, by extension, the equity available to both parties.

Courts expect that the property will be maintained through the listing and sale process. Obligations around upkeep and utilities are sometimes addressed explicitly in a temporary order or settlement agreement.

Pre-Listing Repairs When Parties Disagree

Deciding which repairs to make — and who pays for them — is one of the more common friction points in a divorce sale. A useful framework: focus on repairs that materially affect marketability or buyer perception, and defer cosmetic improvements that may not recoup their cost.

An agent familiar with the local market can provide guidance on which items are worth addressing and which are unlikely to affect the sale. That perspective can help both parties reach a practical agreement rather than a prolonged dispute.

Access for Showings

When one party is living in the home, access for showings needs to be agreed upon before listing. Buyers and their agents expect reasonable access — typically with advance notice — and a property that is difficult to show will generate fewer offers.

A showing protocol — agreed to in advance and ideally documented in writing — reduces friction. It should address notice periods, lockbox use, whether the occupant needs to leave during showings, and how scheduling is handled.

Depersonalization and Presentation

A well-presented home supports the pricing strategy. Clutter, personal items, and signs of conflict or disrepair can affect how buyers perceive the property and what they are willing to offer.

Depersonalization — removing family photos, personal effects, and excess furnishings — helps buyers evaluate the property on its own terms. This step is often straightforward when both parties understand its direct effect on the sale outcome.

The Pricing Process: Both Parties Review the CMA

Pricing is one of the most consequential decisions in the listing process. A price that is too high extends time on market and can lead to a lower final sale price. A price that is too low leaves money on the table.

When both parties review the same Comparative Market Analysis, pricing discussions become grounded in data rather than preference. The CMA shows what comparable properties have actually sold for — not what either party hopes the home is worth. Request a CMA before the listing price is set.

When Court Involvement Is Needed

If the parties cannot agree on repairs, access, or pricing, the court can provide direction. A judge can issue temporary orders establishing the obligations of each party during the listing process — including requirements to allow access and maintain the property.

Court involvement adds time and cost to the process. Resolving pre-listing disagreements through attorneys or mediation, when possible, keeps the sale on track and reduces the burden on both parties.

Frequently Asked Questions