Marana, AZ asked in Divorce for Arizona

Q: Is it a good idea to sell our house before we start a divorce? Or do we fill for divorce and then sell the house?

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2 Lawyer Answers
Rich J. Peters
Rich J. Peters
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: There can be advantages to both. I would need to know more.

Because our market is so hot it certainly may be wise to sell even in advance of the divorce being filed, so long as there is an agreement as to how to handle the net proceeds.

But, if there are other financial claims to be addressed in the overall divorce, there can be reasons to hold onto that equity in order to have some asset & some ability to do with the other claims.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.

Randi Sirlin
Randi Sirlin
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: I would go ahead and sell prior to filing for divorce. That way, you will both have funds available (as opposed to bills) and you will not have ownership of the house as a possible problem if either of you want to buy a residence during the divorce process. I suggest you contact an experienced family law attorney to assist you, even if you are proceeding with a mediation.

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