The house is usually the largest thing neither of you wants to keep negotiating.
A cash sale with a fixed date removes the variable that makes everything else harder to settle. It is not the right answer for everyone, and when it is, it is the fastest one.
Get a number you both seeKentucky divides marital property equitably
Kentucky is an equitable distribution state, which means marital property is divided in a way the court considers just rather than automatically fifty fifty. The court weighs several statutory factors in reaching that division.
Property owned before the marriage, or received by gift or inheritance during it, may be non marital, though increases in value and commingling complicate that considerably. Whether the house is fully marital is a question for your attorney, not a website.
Both signatures, one number
Both spouses on the deed have to sign to convey. That is not negotiable and it is often the leverage point in a contested case.
What helps is a single written offer that both parties and both attorneys can see at the same time. It removes the accusation that one spouse arranged a favorable deal, because the number and the reasoning are on paper for everyone.
Timing and the status quo order
Many Kentucky divorce cases involve restraining or status quo provisions limiting the disposition of marital assets while the case is pending. Selling the marital residence often requires agreement of both parties or court approval.
Do not sign a purchase agreement without telling your attorney. We would rather wait for the order than be part of something that gets unwound. We can be under contract while approval is obtained.
Five questions. That is the whole thing.
We already know your situation from this page. Change it if it does not fit.
Question 1 of 5
What people ask about this
Can one spouse sell without the other?
Not if both are on the deed. Both must sign. If only one is on title, other marital property rules may still apply.
What if we cannot agree on the price?
An independent appraisal helps. So does a written offer with the reasoning attached, because it gives both attorneys the same starting point.
Should we sell before or after the divorce is final?
That depends on your case, your taxes, and your finances. Your attorney and a tax professional should answer it together.
Often it is more than one thing at once
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