Life Stage · FAQ
Last updated: August 2026
Quick Answer
In most cases, yes — if the home is jointly titled, both spouses typically need to agree to list, sign disclosures, and accept an offer, unless a court order specifically authorizes one spouse to act alone. Your family law attorney can confirm what applies to your specific decree or pending order.
Related Questions
Yes — this is one of the three common paths. It requires an agreed-upon valuation, a buyout amount calculated from the equity split, and a refinance that removes the departing spouse from the original mortgage and transfers the loan into the remaining spouse's name alone.
Read answerGenerally yes, but appreciation or paydown that occurred during the marriage using marital funds can create a community property interest even in an otherwise separate-property home. This determination should be made with a family law attorney, not assumed.
Read answerHome equity acquired during the marriage is generally treated as community property and divided according to the settlement agreement or court order — typically through a sale and split of net proceeds, or through a buyout where one spouse pays the other their equity share directly.
Read answerNot necessarily. Depending on your equity position and financial flexibility, a bridge loan or simultaneous close can allow you to purchase the replacement property before your current home goes on the market. This eliminates the stress of the timing gap but involves carrying two mortgages temporarily. Your advisor can walk through the options based on your specific situation.
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