Selling a House During a Divorce in Washington: Your Options

Quick answer: Yes, you can sell a house during a divorce in Washington, but both spouses usually have to sign. Most couples choose one of three paths: sell and split the money, have one spouse buy out the other, or keep the home together for a set time. The right choice depends on your finances, your timeline, and what you agree to or the court orders.

Who owns the house in a Washington divorce?

Washington is a community property state. A home bought during the marriage is usually community property, owned by both spouses, no matter whose name is on the loan.

That does not mean it is always split 50/50. Washington courts divide property in a way that is “just and equitable.” The judge looks at things like what is community and what is separate property, how long you were married, and each person’s finances after the divorce, including who the children will live with most of the time (RCW 26.09.080).

A home one spouse owned before the marriage, or got as a gift or inheritance, may be separate property. That can get complicated fast, so talk to your attorney.

Your 3 main options for the house

1. Sell the house and split the money

This is often the cleanest option. You pay off the mortgage and closing costs, then divide what is left the way you agree or the court orders. Both of you get a fresh start, and neither of you is tied to the other’s mortgage.

2. One spouse buys out the other

One spouse keeps the house and pays the other their share of the equity. In most cases that spouse has to refinance the mortgage into their own name. A quitclaim deed alone takes someone off the title, but it does not take them off the loan. Until the loan is refinanced or the lender releases them, both of you are still on the hook.

3. Keep the house together for a while

Some couples agree to keep the home until a set date, for example until one of you is ready to move or the market changes. This can work, but it keeps you financially tied together. Put the details in writing: who pays the mortgage, taxes and repairs, and when and how the home will be sold.

Can one spouse sell the house without the other?

Usually not. Washington law says neither spouse can sell or borrow against community real property without the other spouse signing too (RCW 26.16.030). If you cannot agree, a judge can decide what happens to the home as part of the divorce.

Should we sell before or after the divorce is final?

Washington has a 90-day waiting period. A judge cannot finalize a divorce until at least 90 days after the petition is filed and served (RCW 26.09.030). Many couples use that time to get the home ready and decide on a plan.

• Selling before it is final can turn a big, hard-to-split asset into cash that is easier to divide.
• Selling after it is final gives you a court order that spells out who gets what, which can mean fewer arguments during the sale.

Your attorney can tell you which fits your case.

What about taxes?

When you sell your main home, you may be able to exclude up to $250,000 of gain from income, or up to $500,000 if you file a joint return (IRS Publication 523). A few divorce rules can help:

• A transfer of the home between spouses as part of the divorce generally has no gain or loss.
• If your former spouse transfers the home to you, you can count the time they owned it as your ownership time.
• If your former spouse lives in the home under your divorce papers, that time can count as your use of the home.

Every situation is different, so check with a tax professional before you sell.

5 mistakes to avoid

1. Stopping the mortgage payments. Late payments hurt both of your credit scores, and they can lead to foreclosure.
2. Pricing on emotion. Use a professional market analysis or appraisal so the price is fair to both of you.
3. Not putting it in writing. Agree in writing on the list price, repairs, who pays what, and how you will handle offers.
4. Letting the home sit. A vacant, neglected house can sell for less. Keep up the yard, the heat and small repairs.
5. Using an agent who only talks to one of you. Both owners need the same information at the same time.

How a neutral agent helps

In a divorce sale, the agent works for both owners. That means sending updates and offers to both of you at once, staying out of the personal side, and working with both attorneys so the sale matches your agreement or court order. The goal is a fair price, a smooth sale, and fewer things to argue about.

Frequently Asked Questions

Do both spouses have to sign to sell the house in Washington?

Usually, yes. For community real property, both spouses must sign the deed (RCW 26.16.030).

Is the house split 50/50 in a Washington divorce?

Not always. Washington courts divide property in a way that is just and equitable, which may or may not be an even split (RCW 26.09.080).

Does a quitclaim deed take me off the mortgage?

No. A quitclaim deed changes who is on the title. To come off the loan, the spouse keeping the home usually has to refinance, or the lender has to release you.

How long does a divorce take in Washington?

At least 90 days from when the petition is filed and served. Many take longer, especially when the couple does not agree on the house.

Talk it through, confidentially

Going through a divorce in Pierce County and not sure what to do with the house? See my divorce real estate help page, where you can get our free guide, Options in a Divorce, or call me at (253) 442-3322 for a private conversation.

This is general information, not legal or tax advice. Talk to your attorney and a tax professional about your situation.

Sources: RCW 26.09.080, RCW 26.16.030, RCW 26.09.030, IRS Publication 523.