Expert answers from Michigan's trusted cash home buyers. Questions? Call (269) 389-9961 anytime.
Both spouses on the title must sign the deed and closing documents. If one refuses, the other must seek court intervention — either a court order compelling the sale or appointment of a referee to sign on the refusing spouse's behalf.
Divorce attorneys can advise on the legal framework, but a real estate transaction requires a separate real estate agent or direct cash buyer for the sale itself. Your divorce attorney should review any purchase agreement before signing to ensure it aligns with your divorce settlement terms.
Unless you have a prenuptial agreement specifying otherwise, marital home proceeds are typically divided based on your divorce settlement or court order. Most commonly: 50/50, or offset against other marital assets (e.g., one spouse keeps the home equity, the other keeps retirement accounts of equal value).
If the mortgage exceeds the home's value, you have a few options: continue paying and wait for value to recover (requires cooperation), short sale (lender agrees to accept less than owed), deed in lieu, or foreclosure. A short sale typically has the best outcome for both credit and resolution speed.
Cash buyers eliminate ongoing carrying costs during a lengthy listing process, provide a guaranteed close date (which helps establish a definitive settlement timeline), require no maintenance or showing preparation, and remove both parties from the property obligation cleanly and quickly.
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