If you’re scratching your head trying to decipher Arizona law in time to sell your home, this article is for you! Being able to sell your home in divorce is much easier than you think, and is a great way to recuperate some spent funds that can help you kickstart your new life.
We understand that you have a lot of questions, so we compiled a quick list of 5 frequently asked questions that you can refer to throughout the divorce process. Check out our tips below to find out how to navigate selling your home while divorcing your spouse:
Can I sell my home in the Phoenix, AZ divorce process?
You totally can if it has been ruled by the court that you and your spouse’s property fall under marital property, and your spouse agrees that a sale can proceed. However, we advise you to tread carefully if your spouse disagrees with a sale proceeding.
This is due to preliminary injunctions that are filed during the initial petition for the dissolution of the marriage. Under this injunction, it states that both parties cannot destroy, transfer, encumber, or sell property. This is why it’s important to get a court order or an agreement with accompanying evidence that states that you can start selling.
What can I expect will happen if I proceed with a sale and my spouse disagrees?
We strongly suggest not doing this because you can be considered making the decision in contempt, directly violating your court order. This could mean incurring penalties and sanctions that could jeopardize your position in the divorce. Progress you’ve been making regarding the divorce proceedings may be set back in your favor as well.
If you’ve placed the listing already, don’t panic. What you need to do is to go to court immediately and ask for an injunction to permit the sale. There’s no guarantee you’ll get one, but filing immediately is a good call.
How does clearance under law work?
The table below explains the two ways you can acquire clearance under the law.
Stipulation between spouses
- An agreement between the two spouses.
- The easiest way to sell a home during the divorce process.
- Needs a written and signed contract between the two spouses so an agreement can come to fruition.
- Valid legal representation must be present for the agreement to be in order.
- One of the documents needed for drafting of the court order.
Court order
- Useful if both spouses can’t come to a conclusion.
- Needs a perfect reason (like the house being in danger of foreclosure) to push through.
What’s the difference between a separate and community property?
It’s ideal for your property to be considered a separate property rather than a joint one for you to easily sell it. This means that your property is considered 100% your own, and regardless if your spouse consents, you won’t need their permission to immediately sell your property.
Community property on the other hand is considered property you own with someone else. Any property acquired during the marriage is automatically considered joint property and will need explicit permission from your spouse to push through.
What is the quickest way I can sell my house fast in Phoenix?
Once permission is in order (if you need it) there is not one fast route you can turn to, but there are buyers that snatch up properties right away.
The first kind of buyer you can turn to is a cash home buyer. These companies or individuals offer 100% cash-only deals for properties as-is. Deals with cash home buyers are usually swift and require very little management from your end. Pricing varies per buyer.
You can also approach fixer-uppers. These kinds of buyers are intent on fixing up properties to live in or to sell to others as house flippers. They seal deals quickly, too!
Sell to a professional home buyer!
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