A free client card for real estate agents

Clients going through a divorce ask about the house before they ask about price. This short card answers the five questions agents hear most. Put it on your blog, send the link, or paste it into a listing-prep email. It is free; please keep the source line at the bottom.

Selling a home during a divorce

5 things to know before you list

The divorce decree decides who gets what, not the listing. An agent can price and market the house, but cannot decide how the proceeds are split.
Taxes depend on timing. Many sellers can exclude up to $250,000 of gain ($500,000 if married filing jointly) if they meet the ownership and use tests. When the sale closes can change which limit applies. Ask a tax professional before you pick a date.
Splitting equity equally is not always equal. A spouse who takes the house keeps the original cost basis, so a later sale can leave one person with a bigger tax bill than the other.
The decree does not bind the lender. If both spouses are on the mortgage, a court order alone does not remove either of them. Ask the lender what it requires.
Get the attorney’s okay before you list. Some courts restrict selling or borrowing against the home while a case is pending, and the rules differ by state.

General information, not legal or tax advice. Source: Divorce and the house, The Cusp, a free divorce guide written by a licensed real estate salesperson.

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<div style="max-width:560px;margin:20px auto;padding:20px 22px;border:1px solid #eceaf3;border-radius:16px;background:#fbf9fb;font-family:system-ui,-apple-system,'Segoe UI',sans-serif;color:#1a1533;line-height:1.55;">
<div style="font-size:11px;font-weight:800;letter-spacing:1.1px;text-transform:uppercase;color:#5b46c9;">Selling a home during a divorce</div>
<h3 style="margin:6px 0 10px;font-size:19px;line-height:1.25;">5 things to know before you list</h3>
<ol style="margin:0;padding-left:20px;font-size:15px;">
<li style="margin-bottom:8px;"><b>The divorce decree decides who gets what, not the listing.</b> An agent can price and market the house, but cannot decide how the proceeds are split.</li>
<li style="margin-bottom:8px;"><b>Taxes depend on timing.</b> Many sellers can exclude up to $250,000 of gain ($500,000 if married filing jointly) if they meet the ownership and use tests. When the sale closes can change which limit applies. Ask a tax professional before you pick a date.</li>
<li style="margin-bottom:8px;"><b>Splitting equity equally is not always equal.</b> A spouse who takes the house keeps the original cost basis, so a later sale can leave one person with a bigger tax bill than the other.</li>
<li style="margin-bottom:8px;"><b>The decree does not bind the lender.</b> If both spouses are on the mortgage, a court order alone does not remove either of them. Ask the lender what it requires.</li>
<li><b>Get the attorney&rsquo;s okay before you list.</b> Some courts restrict selling or borrowing against the home while a case is pending, and the rules differ by state.</li>
</ol>
<p style="margin:12px 0 0;font-size:12.5px;color:#5f5a72;">General information, not legal or tax advice. Source: <a href="https://thecusp.app/house-and-home/" style="color:#5b46c9;">Divorce and the house, The Cusp</a>, a free divorce guide written by a licensed real estate salesperson.</p>
</div>

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Read Divorce and the house: sell it, keep it, or rent instead. This card is general information, not legal or tax advice. Corrections: thecusp.app/corrections.