Divorce is hard enough without also figuring out what to do with the house. For most couples, the home is the biggest thing they own together, and it’s often the hardest piece to sort out. Do you sell it? Does one of you keep it? Can you even list it while the case is open?
This guide explains how selling a house during a divorce works in Connecticut, the court rules that apply once a case is filed, and your main options.
This article is general information, not legal advice. Every divorce is different. Before you sign anything or list the house, talk with your Connecticut family law attorney.
The Rule Most People Don’t Know About: Automatic Orders
When a divorce (dissolution of marriage), legal separation, or annulment case is started in Connecticut, a set of automatic orders kicks in. They come from Connecticut Practice Book Section 25-5, and they’re printed on the court’s Notice of Automatic Court Orders (JD-FM-158), which is served along with the divorce papers.
Under these orders, neither spouse may sell, transfer, or otherwise dispose of any property without either:
- the other spouse’s written consent, or
- an order from the court.
The exceptions are narrow (the usual course of business, normal household expenses, and reasonable attorney’s fees), and selling the family home isn’t one of them.
The orders also bar new loans against the property, unreasonable new debt (like more borrowing on a home equity line), and letting the homeowners insurance lapse. If you’re living together when the orders are served, neither spouse can keep the other out of the home without a court order.
For the plaintiff, the orders take effect when the complaint is signed. For the defendant, they take effect when the papers are served. They stay in place until the case ends or a judge changes them. The form warns that breaking them can be punished as contempt of court. You can read the full rule in the Connecticut Practice Book (Section 25-5).
What this means for you: you can sell the house while the divorce is going on, but you need your spouse’s signed, written agreement or a judge’s order first, before the house is listed or a buyer signs a contract.
Your Main Options for the House
1. Sell now and split the proceeds
If you both agree, you can sell during the case. The mortgage and closing costs are paid at closing, and the rest is held or divided the way your written agreement says. Cash is much easier to divide than a building, and selling ends the shared mortgage bill sooner.
2. One spouse keeps the house
One spouse can keep the home and buy out the other’s share. This usually means refinancing the mortgage into one name, which requires that person to qualify on their own income. Your agreement should spell out what happens if the refinance doesn’t go through.
3. Keep it for now and sell later
Some couples keep the house for a set time, such as until the kids finish a school year, and then sell. Put in writing who pays the mortgage, taxes, insurance, and repairs until then, and when the sale happens.
4. Let the judge decide
If you can’t agree, the court decides. Under Conn. Gen. Stat. § 46b-81, when a judge enters a divorce or legal separation decree, the court may assign property to either spouse, pass title to real estate to either party, or order the house sold. That takes the decision out of your hands, and it usually means more time and higher legal bills.
How Long Does a Connecticut Divorce Take?
It depends on whether you agree. Under Conn. Gen. Stat. § 46b-67, a contested divorce can’t go to trial until at least 90 days after the return date on the papers. Each spouse also has to exchange a sworn financial statement within 30 days of the return date, under the same Practice Book automatic orders.
Meanwhile, the mortgage, taxes, and insurance keep coming due. If you’re falling behind, read our guide on what to do if you’re behind on your mortgage in CT.
Taxes: A Quick Note
Many homeowners can exclude up to $250,000 of profit on the sale of a main home ($500,000 for married couples filing jointly) if they meet the IRS ownership and use tests. IRS Publication 523 has special rules for separated and divorced owners, so ask a tax professional how they apply to you.
On the Connecticut side, sellers generally pay the state and town conveyance tax at closing. Our guide to Connecticut conveyance tax and seller closing costs explains how that works.
Listing With an Agent vs. Selling for Cash
A traditional listing can bring a higher price when the house shows well and you have time. But a listing means agreeing on an agent, a price, repairs, showings, and offers, and in a divorce every one of those decisions needs both of you.
A cash sale is simpler. A buyer like True Home Offers purchases houses, multifamily properties, and condos as-is, with no repairs, cleanup, or showings, and no agent commission. You get one written offer that both spouses and both attorneys can review, and you pick the closing date. You’ll typically get less than full retail price, so compare the numbers. Our cash buyer vs. realtor guide walks through the math.
Tips for a Smoother Sale During Divorce
- Get it in writing first. Have the agreement to sell signed by both spouses, or get a court order, before you sign with a buyer.
- Agree on how the money is handled. Decide ahead of time whether proceeds are split at closing or held in escrow until the case ends.
- Keep paying the bills. The automatic orders require you to keep homeowners insurance in force, and missed mortgage payments shrink your equity.
FAQ
Can I sell my house during a divorce in Connecticut? Yes, but once the case is filed, the automatic orders say neither spouse can sell property without the other spouse’s written consent or a court order.
What if my spouse won’t agree to sell? You can ask the court for an order. At the end of the case, a judge can assign the house to one spouse or order it sold under Conn. Gen. Stat. § 46b-81.
Does a cash buyer need both spouses to sign? If both of you are on the deed, both of you sign. And during the case, the automatic orders apply no matter whose name is on the deed, so get the written consent or court order first.
Get a Fair Cash Offer for Your Connecticut House
True Home Offers is a Connecticut cash home buyer based in Hamden. We buy houses, multifamily properties, and condos across the state, including in Stamford, Norwalk, and Fairfield. If you and your spouse decide to sell, we can give you a no-obligation written cash offer you can both review with your attorneys. Learn more on our selling a house during divorce page.
Call (203) 297-8734 or get your cash offer online. There’s no pressure, and you’re never obligated to accept.