Selling Your House During a Divorce in Arizona: A Realtor’s Guide to What You Should and Shouldn’t Do
As a real estate professional in Scottsdale, AZ, I’ve worked with many clients navigating the emotional and financial rollercoaster of divorce. Selling your home during this time can be overwhelming, but it doesn’t have to be chaotic if handled correctly. A home is often the biggest shared asset in a marriage, and how it gets divided during a divorce can have long-term financial consequences for both parties.
If you’re facing the decision to sell your home during a divorce, here are some essential dos and don’ts to guide you through the process smoothly and fairly.
DO: Communicate Clearly — and Professionally
Divorce often comes with high emotions, and that can spill over into the home sale. One of the most important things you can do is keep the lines of communication open — but structured. Ideally, set up clear channels of communication with your spouse and agree on how decisions will be made, especially regarding offers, showings, and negotiations.
- Pro Tip: Designate a neutral third party — often your agent or an attorney — to mediate communication if direct contact becomes too difficult.
DON’T: Try to Sell Your Home In A Divorce Without a Plan
Jumping into a home sale mid-divorce without a clear strategy can create confusion, mistrust, and conflict. Before you list your home, take time to create a mutual plan. That includes deciding:
- Who will stay in the home during the sale
- How the listing price will be set
- How home preparation and showings will be handled
- How you’ll respond to offers
Without a plan, disagreements may delay the sale, reduce your profits, or even lead to legal disputes.
DO: Choose the Right Realtor — Together
Your real estate agent will play a critical role in the sale of your home. When you’re divorcing, your agent isn’t just selling a property — they’re navigating emotional terrain and often acting as a buffer between two parties with different interests.
Pick an agent both of you trust and who has experience working with divorcing couples. A good realtor will remain neutral, prioritize communication, and guide you through difficult conversations with professionalism and empathy.
DON’T: Let Emotions Rule Financial Decisions
It’s completely understandable to have strong feelings about the family home, especially if you’ve built a life and raised a family there. But making financial decisions based on emotion can backfire.
One common pitfall we see: one spouse wants to keep the home at all costs, even when it’s not financially feasible. Another? Rejecting a strong offer out of spite or to “win” a negotiation.
Even during a divorce, selling your home should be a business decision. Focus on what makes the most sense for your long-term stability.
DO: Understand How Equity Will Be Divided
Before the house goes on the market, consult with your attorney or mediator to understand how the equity (the profit after paying off the mortgage and selling costs) will be split. In many cases, this is a 50/50 split, but not always especially if one spouse contributed more to the down payment or paid for major renovations.
You should also agree on how selling costs, such as agent commissions, staging, or repairs, will be handled. Your realtor can help estimate these costs upfront.
“In Arizona, which follows community property law, most assets acquired during the marriage — including the home — are considered jointly owned,” says Scott Stewart, founder and attorney at Arizona Law Group. “That means when it comes to dividing assets in divorce, each spouse is generally entitled to an equal share, regardless of whose name is on the title. However, exceptions can apply — such as when one spouse used separate funds for the down payment, or if there’s a prenuptial agreement in place. Splitting property in divorce isn’t always straightforward, especially when emotions and legal nuances are involved, so getting the right legal advice early on is crucial.”
Having your legal ducks in a row ensures a smoother process and fewer surprises when it’s time to close.
DON’T: Forget About Tax Implications of Selling Your House During a Divorce
Selling a home during a divorce can have tax consequences, especially if you’re expecting a large gain from the sale. If you sell while still married, you may be eligible for a capital gains exclusion of up to $500,000. If you wait until after the divorce, that exclusion drops to $250,000 per individual — assuming you meet other qualifications.
- Tip: Speak with a tax advisor before selling to fully understand your exposure and options.
DO: Keep the House “Show-Ready”
One challenge that often arises is showing the home when one or both parties are still living in it during the divorce. Tensions can lead to less cooperation when it comes to keeping the house clean, decluttered, and presentable for potential buyers.
Even if it’s difficult, try to keep the bigger picture in mind: the faster your home sells, and the better it shows, the higher your likely return.
If needed, hire a professional cleaner or stager to take some of the burden off your shoulders during this stressful time.
DON’T: Hide Details From Your Realtor
As your agent, I need to know the full picture — not to take sides, but to help you both reach the best outcome. If there’s a court order involved, ongoing legal disputes, or financial constraints tied to the property, be upfront about it. That allows me to craft a realistic timeline, pricing strategy, and marketing plan.
The last thing you want is for your sale to fall through at the closing table because of an undisclosed legal or financial issue.
DO: Consider a Temporary Agreement If Needed
Not every couple is ready to sell right away, especially if children are involved or if one person needs time to secure alternative housing. In these cases, some couples opt for a nesting arrangement, where the kids stay in the home and the parents rotate in and out.
Other times, one spouse may buy the other out and refinance the mortgage in their name.
If you go these routes, make sure all terms are documented in your divorce agreement. That includes timelines, financial responsibilities, and how equity will be distributed in the future.
DON’T: Wait Too Long to Make a Decision
Holding onto the home “just in case” can cause more harm than good. If neither party can afford the mortgage on their own, or if resentment continues to grow, the home can quickly become a financial and emotional burden.
It may be painful to let go, but selling the house in a divorce often gives both parties the freedom to move forward — physically and emotionally — with a clean slate.
Selling Your House During a Divorce in AZ the Right Way
Selling a house during a divorce in AZ isn’t just a transaction; it’s a delicate, often emotional process that requires careful handling. But with the right strategy, clear communication, legal support, and a trusted realtor by your side, it can also be a stepping stone toward a new beginning for both of you.
If you’re facing this situation, know that you’re not alone and don’t have to figure it all out alone. The experienced realtors at Gluch Group are here to help you navigate this chapter with clarity, professionalism, and a plan that protects your future.
