Should I Sell My House Before or After an Illinois Divorce?

 Posted on July 14, 2025 in Divorce

For many divorcing couples, the family home represents far more than bricks and mortar. It is a place where children grew up, holidays were celebrated, and countless memories were made. 

Deciding what to do with the house can feel like an emotional and financial crossroads. Should you sell it before the divorce is final to simplify the process, or wait until after to make a decision? A Naperville property division attorney can help you navigate this difficult decision and protect your financial interests.

How Does Illinois Law View the Marital Home?

In Illinois, most property acquired during the marriage is considered marital property, even if only one spouse’s name appears on the deed. Under 750 ILCS 5/503, the marital home will typically be divided through equitable distribution. This means the court divides property fairly, though not always equally, based on factors like the length of the marriage, contributions of each spouse, and their future financial circumstances.

Because of this, it is vital to consider both legal and practical considerations when selling the marital home.

What Are the Advantages of Selling Your House Before Divorce?

Selling the house before the divorce is finalized can simplify the property division process. It allows both spouses to resolve this issue early and move forward with a clearer financial picture. 

Many people find that selling early avoids disputes over property values and eliminates the need for one spouse to buy out the other’s interest in the home. It can also help pay off joint debts like the mortgage and credit cards, allowing each spouse to start fresh.

However, it requires cooperation between the spouses when it comes to agreeing on details such as choosing a real estate agent, setting a listing price, and determining how to split the proceeds.

Why Might You Wait to Sell Your Home Until After Divorce?

There are situations where waiting to sell the home until after divorce makes sense. For example, one spouse may want to temporarily remain in the home to provide stability for the children or because the housing market is not ideal at the time of divorce. A court can even grant one spouse exclusive possession of the home during the divorce process, delaying the need to sell.

It is important to remember, however, that keeping the home can create financial challenges. The spouse who stays may need to refinance the mortgage in his or her name alone, which is not always feasible. Waiting too long to sell could also lead to additional disputes about upkeep, taxes, and other expenses.

What Factors Should You Consider Before Deciding?

Before making a decision about when to sell, it is important to weigh the following:

• Can one spouse afford to keep the home alone?

• Are there significant tax implications for selling?

• Will keeping the home delay the divorce or create unnecessary conflict?

• What does your attorney recommend based on your unique circumstances?

Every situation is different, and the choice should reflect both your financial goals and family needs.

Consult with a Will County, IL Divorce Attorney

If you are going through a divorce and are unsure whether to sell your house before or after initiating the process, a Naperville, IL property division lawyer at Law Office of Ronald L. Hendrix, P.C. can provide guidance based on state law. Call 630-355-7776 to schedule a free consultation and learn how Attorney Hendrix can help you make informed decisions about your property and financial future.