Who Gets to Decide What Happens to the House in a Divorce?

One of the biggest questions divorcing couples face is: who gets the house? Or, at the very least, who gets to decide what happens to it?

Whether you want to keep the home, sell it, or buy out your spouse, there are legal and practical factors to consider. In Virginia, property division during divorce follows the principles of equitable distribution, and that plays a major role in determining the outcome.

Here’s what you need to know when you Sell A House During Divorce in Roanoke.

🏡 Marital vs. Separate Property: It Matters

The first thing the court or your attorney will look at is whether the home is marital property or separate property.

• Marital Property: Acquired during the marriage, regardless of whose name is on the deed.
• Separate Property: Acquired before the marriage or through inheritance/gift during the marriage to one spouse only.

🔑 Most homes purchased during the marriage are considered marital property, even if only one spouse’s name is on the title or mortgage.

👥 Joint Decision (If Possible)

If both spouses are co-owners (on the deed or mortgage), then both must agree to sell, unless a court orders otherwise.

There are typically 3 paths:

1. Mutual Agreement
   • The couple agrees to sell the home and split the proceeds.
   • One spouse agrees to buy out the other’s share.
   • One spouse keeps the house, and the other receives other assets to “equalize” the division.
2. Court Intervention
   • If the couple can’t agree, the court may step in and decide who keeps the home or order the property to be sold.
3. Mediation or Settlement
   • Spouses can also work through divorce mediation to reach an agreement about the property outside of court.

⚖️ What if Only One Spouse Owns the House?

Even if the deed is in only one spouse’s name, it could still be marital property if:

• It was bought during the marriage using marital funds.
• The non-owner spouse contributed to mortgage payments, maintenance, or improvements.

In this case, the court may still divide the equity or order a sale.

🚫 What Happens if One Spouse Refuses to Sell?

If the house is jointly owned and one spouse refuses to sell, you may:

• Seek a partition order through the court to force the sale.
• Propose a buyout where one spouse pays the other for their share.
• Work with a neutral third-party (like a cash buyer) to remove the emotional friction and sell quickly.

Forcing the sale can take time—but it’s often unavoidable if neither side agrees.

🧾 What Judges Consider in Virginia

When courts decide what happens to the house, they look at:

• Length of the marriage
• Who paid for the home
• Contributions (financial and non-financial) of each spouse
• Custody of children (to avoid disrupting the children’s living situation)
• Each spouse’s income and ability to refinance or maintain the home

The goal isn’t a 50/50 split, but a fair and equitable division based on the full context.

💡 When Selling Is the Best Option

In many divorces, especially when:

• Neither spouse can afford the home alone
• There’s no agreement about who stays
• One or both want a clean break

…selling the house is the cleanest and fastest way forward.

At Linken Investments, we help divorcing homeowners in Lynchburg sell their homes fast, discreetly, and without repairs or delays. We provide cash offers and can close in a matter of days, so you don’t stay tied to a house (or each other) longer than necessary.

📞 Need Help Deciding What to Do With the House?

If you’re facing this tough decision, we can help walk you through your options—even if you’re not ready to sell yet. And if you are, we can make you a fair, no-obligation cash offer.

👉 Contact Us Now for a Free Consultation
📱 Or call/text us at 540-523-1591

Related Reading:

• How Equity is Divided When You Sell a House in Divorce
• What to Do If One Spouse Won’t Sell the House
• When Should You Sell Your Home in a Divorce?