If you are going through a divorce in Michigan, understanding how the sale of real estate is handled during the divorce can help you avoid costly mistakes and unnecessary conflict.
Below are some frequently asked questions about navigating the home sale process during a Michigan divorce.
Can the Marital Home Be Sold Before the Divorce Is Final?
Yes. Both parties typically must consent to the sale, and depending on the circumstances, the court may need to approve the transaction. In many cases, the proceeds from the sale are held in escrow until the court decides how the marital property should be divided between the parties.
Who Sets the Listing Price of the Home?
In most Michigan divorces, both spouses must agree on the listing price. This is usually done by hiring an appraiser to give an appraisal of the home. Both parties normally agree on the appraiser, and their fee is either split between the parties or paid for by one party. If the parties cannot agree, the court may appoint one or refer the issue to mediation. Alternatively, the parties could agree on a Realtor and allow the agent to set the price.
Who Pays for Repairs or Updates Before Listing the Home?
Responsibility for repairs to the home before the sale is usually agreed to by the parties. Many divorcing couples will split the cost, especially when the repairs are likely to increase the home’s market value. A written agreement is a good way to avoid disputes later on.
How Are Sale Proceeds Handled in Michigan?
Holding the proceeds of the sale in escrow ensures that neither party can prematurely take the funds and allows the court to equitably distribute them based on the equitable division factors in Sparks v. Sparks, 440 Mich 141 (1992) and Olson v. Olson, 256 Mich App 619 (2003). These factors look at certain facts of the case to determine how to equitably divide the marital assets. Alternatively, if the parties agree via a written and signed agreement, approved by the judge, funds can be distributed much faster. (Agreements on how the funds will be distributed, can be done in advance of the sale of the home).
Consult with an Attorney
Selling a home during a divorce before an order on the division of property requires strategic planning, legal oversight, and professional support. If you’re divorcing in Michigan and need to sell your home, it’s essential to work with experienced family law attorneys who understand the divorce and division of assets process.
At The Kronzek Firm, we routinely assist clients in Lansing, Charlotte, Mason, Okemos, Williamston, Grand Ledge, and across Mid-Michigan with the sale of marital homes during divorce. We can work alongside you to ensure your rights are protected every step of the way.
- Divorce
- Division of the marital home and other real property
- Division of assets
- Spousal support (alimony)
We can advise you on what’s realistic and what’s worth negotiating for. Our lawyers bring years of experience handling complex issues, and our collective insight can help you in achieving the outcome you desire.
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling (517) 886-1000.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]