Fix It or Sell As-Is? Repairs When You're Selling a Home in a New Jersey Divorce

Most divorce homes sell for more with a short, agreed list of repairs than as-is, as long as both owners approve the list and the budget before anyone picks up a hammer. The repairs that pay are the ones a buyer or an inspector will notice. Everything else is money the two of you spend and never see again.

I'm Dennis Mark Interdonato with The Dennis Mark Group at Keller Williams Realty Ocean Living. Before I sold homes, I built and remodeled them, so I read a house the way a buyer's inspector will. In a divorce, the repair question is really two questions: what will buyers pay for, and what can the two of you agree to? I answer the first one with a construction-level walkthrough. The second one is why the plan goes in writing.

Is it worth fixing up a house before selling it in a divorce?

Usually, if the list is short and chosen for buyers. Buyers compare your home with every other one they've toured. Dated paint, worn floors and small things that don't work make a house look like a project, and buyers price projects with a big cushion for their own time and risk. The right repairs take that cushion away.

A divorce adds a second reason. Problems found at inspection turn into a negotiation over credits and repairs, and that negotiation lands on two owners who already have plenty to negotiate. Fixing the known items before listing takes that off the table.

It isn't automatic, though. If the home needs major work, if neither of you can fund repairs, or if your agreement doesn't leave time for them, selling as-is can be the right call. Selling as-is isn't wrong. It's a choice, and you should make it with both plans priced side by side.

How do you decide which repairs to make?

I walk the whole house: roof, windows, systems, the basement, the kitchen and baths, and the first thing a buyer sees from the curb. Then everything goes on one of three lists:

• Fix before listing. Active leaks, anything that's a safety item, small things an inspector will flag, fresh neutral paint, and cosmetic items that change how the photos look.
• Disclose and price. Bigger items like an older roof or furnace. Buyers will factor them in, so we account for them in the price instead of paying for them up front.
• Skip. Anything chosen to someone's personal taste, full remodels, and projects that won't come back in the sale price.

Then I price both plans: what the home should sell for as-is, and what it should sell for after the short list, each based on recent comparable sales, with real contractor quotes for the work. Both of you get the same two numbers. If you want a starting point before that walkthrough, try the home valuation tool.

Who pays for repairs when you're divorcing?

That's a question for your attorneys or mediator, and it's worth asking before any work starts. Bring these questions:

• Does our agreement, or a court order, say how pre-sale repairs are paid for?
• Do repair costs come off the top at closing, or does one of us pay now and get credited later?
• Who can hire a contractor and sign off on the work?
• What happens if a repair runs over the quote?

Whatever the answers are, get them in writing. I put the repair list, the quotes and the budget into the same written plan both owners see, and nothing on it changes unless both of you agree.

What does the town require before a New Jersey sale?

Some items don't depend on what you decide. Since January 1, 2019, New Jersey has required a smoke alarm compliance certificate before a one- or two-family home is sold or leased. The owner gets it through the town that has jurisdiction over the home, and it's valid for six months from the date it's issued, according to the New Jersey Department of Community Affairs. The certificate covers smoke alarms and carbon monoxide alarms. Since February 3, 2025, state law no longer requires a portable fire extinguisher for it (see our certificate guide).

Some towns also run their own resale inspection. Requirements differ from one town to the next, so I check what yours needs before we list, so a missing certificate never holds up a closing.

What does a small, smart investment look like in a real sale?

A couple in Beachwood was selling to move up. Before we listed, I brought them two game plans. Plan one was list it as-is. Plan two was a short list of updates first.

They chose plan two. The updates cost under $15,000. I picked every product and every color and supervised the work. We listed $30,000 higher than the as-is plan, and on day one they had an offer $45,000 over list. All in, that's $75,000 more than selling as-is.

That sale wasn't part of a divorce. The math works the same way when it is, with one difference: both owners approve the plan before the first contractor shows up.

How do you keep repairs from becoming one more fight?

1. One list, one budget, two signatures. Nothing gets added halfway through because one of you changed your mind.
2. Every quote goes to both owners. I got a guy for everything, and I'm not putting any profit on top of anything. You see the same quote I do.
3. Updates on the work go to both owners at the same time. Nobody has to visit the house, or call the other owner, to find out what's done.
4. The deadline is tied to the listing date. Repairs finish before the photos, because the first two weeks on the market set the price. Read more on pricing a divorce home sale.

Frequently Asked Questions

Do we have to fix anything before selling a house in New Jersey?

Some items are required, like the smoke alarm compliance certificate from your town. Beyond what your town and your contract require, repairs are a choice. Price both plans before you decide.

Can one spouse make repairs without the other's approval?

Ask your attorney what your agreement or any court order allows. In a sale I run, nothing on the repair list changes unless both owners agree in writing.

Should we fix the things an inspector will find?

Small, known items, usually yes. Fixing them before listing costs less than negotiating over them after an inspection, and it keeps one more issue out of the conversation between the two of you.

Is selling as-is a bad idea in a divorce?

No. When the home needs major work, the money isn't there, or the timeline is tight, as-is can be the better plan. Make the call with real numbers on both options.

This is general information, not legal, tax or lending advice. Talk to your attorney or mediator about how repairs are handled in your case.

About the author

Dennis Mark Interdonato is a REALTOR® and Master CDRE® who leads The Dennis Mark Group at Keller Williams Realty Ocean Living in Point Pleasant, NJ, helping buyers and sellers throughout New Jersey make their next move, with Monmouth and Ocean County as home base. He's a former New Jersey home builder and residential remodeler. Read more about Dennis Mark.

Keep reading

• The divorce home sale guide
• How Dennis Mark handles divorce home sales
• Should you update before selling or sell as-is?
• Showings and privacy when you're separated
• Have a question this didn't answer? Send it to Dennis Mark.