Selling a House During Divorce in Connecticut

Quick answer: You can sell a house during a Connecticut divorce, but usually not on your own. Once a divorce is filed, Connecticut's automatic orders bar either spouse from selling, mortgaging or transferring property without the other spouse's written agreement or a court order. Most couples either agree to sell and split the proceeds, or have one spouse buy out the other.

The automatic orders and your house

Connecticut's automatic orders, on the Judicial Branch's Notice of Automatic Court Orders (form JD-FM-158), take effect for the spouse who files when they sign the complaint. They take effect for the other spouse when served. Among other things, they prohibit either spouse from:

• Selling, transferring or disposing of property without written agreement or a court order

• Taking out a mortgage or loan against property without agreement or a court order

• Hiding property or changing ownership into one spouse's name alone

So the first step is a written agreement between spouses, usually drafted by your attorneys, or a court order that allows the sale.

Your three main options

• Sell now and split the proceeds. This gives a clean break and turns the equity into cash to divide. You need a shared plan for price, repairs and who pays the mortgage until closing.

• One spouse buys out the other. The buying spouse usually refinances to pay the other their share and take them off the mortgage. That depends on qualifying alone.

• Keep it for now. Some couples sell later, for example after a child finishes school. This needs a detailed written agreement about payments, repairs and the eventual sale.

How Connecticut divides the house

Connecticut is an "equitable distribution" state. Under Connecticut General Statutes § 46b-81, the court can assign property to either spouse based on a list of factors, and the split is not automatically 50/50. Your attorneys will settle how the proceeds are divided. Our job is to get the highest net price and keep the sale on schedule.

Making a divorce sale go smoothly

• One agent, both spouses. Everyone gets the same information at the same time: pricing data, showing feedback and every offer.

• Agree on price using data. Recent sales in your neighborhood settle disputes faster than opinions. See what your home is worth.

• Decide who handles repairs and showings, especially if one spouse has moved out.

• Put the offer approval process in writing. Both owners must sign the listing and the sale contract.

Taxes and costs to discuss with your attorney or CPA

• Capital gains: the home sale exclusion is $250,000 per person and up to $500,000 for joint filers. Special rules can apply when a spouse moved out under a divorce agreement. See capital gains when you sell your home.

• Selling costs: conveyance tax, attorney fees and commissions come off the top before the split. See what it costs to sell in Connecticut. A 1% plus $400 listing-side fee leaves more equity for both spouses.

Talk it through confidentially

We work with both spouses and their attorneys, and keep communication neutral and documented. Reach out directly or request a home value.

Sources: Connecticut Judicial Branch, Notice of Automatic Court Orders (JD-FM-158); summary of Connecticut automatic orders; Connecticut General Statutes § 46b-81. This is general information, not legal or tax advice. Consult a Connecticut family law attorney about your situation. All commissions and fees are negotiable and not set by law.