Who has to agree
Everyone on the title signs the sale. While a divorce is pending, there may also be a court order that stops either spouse from selling marital property without the other's agreement or the judge's approval. Talk to your attorney before you sign a purchase agreement.
Michigan splits marital property by what's fair in your case, not automatically 50/50. Your agreement or the divorce judgment says who gets what from the house.
The usual paths
- Sell it as-is for cash. Often the cleanest break: one walkthrough, one written offer you both see, no repairs to agree on, and a set closing date.
- List it and split the money. Means agreeing on repairs, price drops and showings while you're both still tied to the house, then waiting on a buyer's loan.
- One of you keeps it and refinances or buys the other out.
How the money moves
At closing, the title company pays off the mortgage, any back taxes and the closing costs. What's left is paid out the way your agreement or judgment says, or held in an attorney's trust account until the divorce is final.
How we work with both of you
- One walkthrough, scheduled around whoever is living there.
- The same written offer goes to both of you (and your attorneys, if you'd like).
- Separate signing times at the title company are fine.
Quick answers
Can we sell the house before the divorce is final?
Often yes, if everyone on the title agrees and no court order prevents it. Ask your attorney first; the sale money can be held until the divorce is final.
Do both spouses have to sign to sell the house?
Everyone on the title has to sign. Your attorney can tell you whether your divorce case needs anything more.