No one gets married expecting it to end in divorce — but it’s a reality many couples face. In fact, around 40–50% of first marriages in the U.S. end in divorce, according to the American Psychological Association.
One of the biggest questions during a separation is: What happens to the house? Whether you both want a fresh start or need to divide assets, selling the home is often the most straightforward solution. But do you really have to split everything 50/50? Not always — especially when it comes to real estate.
If you’re facing a divorce and need to sell your house fast in Bowling Green, KY or the surrounding area, we can help. We buy houses directly from homeowners — no agents, no repairs, no waiting.
Can You Divorce Without Selling the House?
Yes — selling the house isn’t always necessary during a divorce. It depends on how the property is classified and what both spouses agree to.
The first step is determining whether the home is considered marital property or separate property. This typically comes down to when and how the home was acquired. You’ll need to provide this information to your attorney and the Court early in the process.
If the house was:
- Purchased before the marriage
- Gifted or inherited by one spouse
- Bought using separate funds (not marital income)
…it may be classified as separate property. In that case, the other spouse may have no legal claim to it — even in equitable distribution states like Kentucky.
However, things can get complicated. If the home was renovated, paid for with joint income, or increased significantly in value during the marriage, the Court may consider part of that value a marital asset.
This is why working closely with a divorce attorney is crucial — to determine what you’re legally entitled to and whether selling the home is necessary.
A court will look at several factors to decide who gets the house, including:
The value of the property.
The financial circumstances of each partner.
The employability of each partner.
Both physical and monetary contributions to the marital home.
The age and physical and mental health of each partner.
The amount of time each partner will have custody of the children.
Who Gets The House in A Divorce?
When it comes to divorce, state laws determine how property is divided — and that includes your home. Most states, including Kentucky, follow the rule of equitable distribution, meaning assets are divided fairly, but not always equally.
In equitable distribution states, a judge will consider factors such as:
- Each spouse’s financial and non-financial contributions
- Who paid the mortgage or handled major repairs
- Child custody arrangements
- The length of the marriage
- And more
This gives the Court flexibility to divide assets in a way it deems fair — which could mean a 60/40 split, not necessarily 50/50.
On the other hand, nine states follow community property laws, where marital assets are usually divided right down the middle (50/50). These states include:
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. (Alaska allows couples to opt in.)
There are a few options both you and your partner and/or the Courts might choose when it comes to selling (or not selling) your marital home. These include:
One of the spouses buys out the other legal interest and keeps the home
Yes — one spouse can keep the home by buying out the other’s legal interest. This option is common for couples who want to avoid selling the property during a divorce.
In community property states, marital assets — including the home — are typically split 50/50. But that doesn’t mean you have to sell. Instead, you can negotiate a buyout, where one spouse agrees to pay the other for their share of the home’s equity.
To make this work, you’ll need to:
- Agree on the home’s value (often through an appraisal)
- Pay your spouse their share (either with cash or by offsetting other assets)
- Refinance the mortgage (if applicable) so it’s in your name only
- Transfer the title into your name within the timeline set by the Court
This process must usually be completed soon after the divorce decree is finalized, and both parties — and the judge — must approve the arrangement.
One spouse keeps use and occupancy of the home for a specified period; typically when the youngest child turns eighteen, then the house can be sold.
Yes — in many divorce cases involving children, the Court may allow one spouse (usually the custodial parent) to remain in the home until the youngest child turns 18. This is known as a “use and occupancy” arrangement.
In this scenario:
- Ownership remains joint, but one spouse gets exclusive use of the home
- The home isn’t sold right away — it’s typically sold when the children are grown
- The Court may decide who is responsible for the mortgage, taxes, insurance, and upkeep
- Once the children reach legal age, the house is sold and profits are divided
This option can provide stability for the children during and after the divorce, but it’s important to understand the financial responsibilities and legal obligations involved.
Co-own the home
Absolutely — co-owning a home after divorce is a possible solution, especially for families who want to minimize disruption for their children.
In some cases, it makes more sense for both spouses to stay on the mortgage and title, even after the divorce is finalized. This allows the children to stay in the same home, school district, and neighborhood — providing a sense of stability during a major life change.
For example, imagine a couple with three children. The husband works full-time and is the primary earner, while the wife stays home to care for the kids. If she doesn’t have the income or credit history to refinance or buy out his share of the home, co-ownership can be a short-term solution.
That said, this arrangement requires a lot of mutual trust and communication. Both parties will remain financially tied to the property. If mortgage payments are missed, both credit scores can be affected — even if only one spouse is living in the home.
Pros of co-owning after divorce:
- Continued stability for children
- Avoiding immediate home sale
- Potential for future profit if home value increases
Cons:
- Shared financial risk
- Possible legal disputes down the road
- Complicated tax and mortgage implications
The house is sold immediately and any equity is split up
In many cases, selling the house right away is the simplest and cleanest solution during a divorce. Once both spouses agree on a listing price (or the Court orders a sale), the home is put on the market. After it sells, the proceeds are divided — either 50/50 or according to what the Court deems fair.
But while this sounds simple in theory, it doesn’t always go smoothly in practice.
If:
- The local housing market is slow
- The home needs major repairs
- There are liens or title issues
…a traditional sale with a real estate agent could take months — or fall through entirely.
That’s where working with a direct homebuyer can help. If you need to sell your house fast after divorce in Bowling Green or the surrounding area, we make the process simple. No repairs, no cleaning, no commissions — just a fast, fair cash offer.
Divorce is already stressful enough. Let us help you move forward with a hassle-free home sale.
Selling Your House During A Divorce?
Contact Us For Your Cash Offer Today!
Steps to Sell a Home During Divorce
1. Hire A Divorce Specialist Real Estate Agent
Selling a house during a divorce can be emotionally draining and legally complex. Before listing the property, it’s important to first determine who is entitled to what — whether through attorneys or a Court decision.
Once that’s settled, your next step should be hiring a real estate agent who specializes in divorce sales. These professionals understand the unique challenges divorcing couples face and can help keep the process fair, neutral, and efficient.
An experienced divorce real estate agent can:
- Help navigate tense negotiations
- Coordinate with both parties and legal teams
- Ensure the home sells for fair market value
- Keep the sale moving forward during emotional or legal delays
Don’t try to go it alone. Let an expert guide you through the sale so you can focus on what comes next.
2. Agree On Home Sale Specifics
Before the house goes on the market, you and your spouse will need to make some important decisions. Do you want to sell the home quickly and split the equity, or invest time and money into repairs and upgrades to get top dollar?
If you both agree to fix up the home, make sure you’re aligned on:
- Who pays for repairs and upgrades
- How those expenses will affect the division of profits
- Who oversees the work, and on what timeline
Whatever you decide, put it in writing — and have your attorney review it — before spending a dime. Verbal agreements often lead to confusion and disputes during closing.
But repairs and profits are just the beginning. Other questions to answer include:
- Which real estate agent will represent the sale?
- Who will set and approve the listing price?
- Will someone continue living in the house, or will it be vacant?
- Who pays the mortgage, utilities, and upkeep while the home is listed?
- Who is responsible for showings, open houses, and staging?
If you can’t come to an agreement, your attorneys — or ultimately the Court — will need to step in. But settling these decisions outside of court can save time, money, and stress.
3. Know What to Expect in Order to Close the Sale
Selling a house during a divorce requires teamwork — even if emotions are running high. One of the final and most important steps is reviewing offers from potential buyers.
If you receive only one or two offers, deciding may be straightforward. But in a hot market with multiple bids, expect some back-and-forth between you, your ex-spouse, lawyers, and your real estate agent about which offer to accept.
To avoid conflict and delays, it’s best to agree on an offer strategy before listing the home. For example, decide whether you want to:
- Accept the first clean offer with no contingencies to close quickly
- Hold out for the offer that nets the highest profit, even if it takes longer
You and your spouse must come to a mutual decision — otherwise, the sale could stall or end up in court.
4. Divide the Proceeds
This is the final step — and hopefully the smoothest. By the time your home sells, your divorce settlement or Court order should already outline exactly how the sale proceeds will be split between you and your former spouse.
Before you receive any money, the escrow company will handle:
- Paying off the remaining mortgage
- Covering any liens or outstanding obligations
- Deducting agent commissions or closing costs (if applicable)
Once those are taken care of, the remaining balance is divided according to your legal agreement — whether that’s 50/50 or some other arrangement.
OR
5. Sell Your House AS-IS to A Cash Buyer
Sometimes, the best solution is also the simplest. If you and your ex can’t communicate, or you’re emotionally and financially ready to move on, selling your home as-is to a cash buyer may be your fastest path forward.
Direct home buyers and real estate investors specialize in purchasing properties:
- In any condition — no cleaning, no repairs
- In any situation — divorce, foreclosure, inherited homes, or liens
- With fast closings — often in as little as 7–14 days
There’s no need to deal with showings, agents, or back-and-forth negotiations between lawyers. This can be a major relief during a stressful and expensive divorce.
For many divorcing couples in Bowling Green, KY, selling a house to a cash home buyer means:
- No commissions or hidden fees
- No delays due to inspections or buyer financing
- A clean, fair offer and a quick closing date
Ready to sell your house fast and move on? We help divorcing couples in Bowling Green sell their homes as-is — with zero hassle and total discretion.
Selling Your House During A Divorce? Contact Us For Your Cash Offer Today!
JTM Real Estate LLC is a local house buying company that’s built their business by buying houses for cash, no matter what the condition or the homeowners’ financial situation. We promise competitive cash offers without the hassle of dealing with real estate agents, lawyers, and more. If a direct home sale sounds like the best option for you, let’s chat! Call us day or night at 270-306-8685. We have a reputation for buying houses with less stress and less fees.
If you own a property that you need to sell fast due to divorce, we have a solution. Contact us today and get a competitive cash offer for that house or rental property. We buy homes, no matter what your individual financial situation or the property’s condition. Even if the house has been neglected for years or suffered damage in the last storm, once you accept our fair cash offer our team of experts will handle all of those expensive repairs and upgrades so you don’t have to! We make selling a house during a divorce as hassle-free as possible.