Preparing a Home for Sale During a Divorce, When Emotions Are Running High

Put one written prep plan in front of both owners before anyone picks up a paintbrush: what gets fixed, what gets cleared out, who pays (the way your attorneys or your agreement say), how showings will work and the date the home goes live. Keep the list to the work that moves the price, and the home launches ready instead of turning every repair into a new argument.

I'm Dennis Mark Interdonato, a REALTOR® and Master CDRE® with The Dennis Mark Group at Keller Williams Realty Ocean Living. In a divorce home sale, getting a house ready isn't a design problem. It's an agreement problem. Two owners have to say yes to every dollar and every day, often while they're barely speaking. I tell people what they need to hear, not what they want to hear, so here it is: buyers don't know what happened in the house, and they shouldn't. They see what's in front of them. This is general information, not legal, tax or lending advice.

Why is getting the house ready harder in a divorce?

Because every decision has two owners, and sometimes one of them still lives there. Money is tight on both sides. Rooms carry memories. And any open item, whether it's a repair, an inspection or a certificate, can become a way to slow the sale down. On a court-appointed sale I handled in Monmouth County, one owner worked to stall the sale all the way to the township's final inspection. A written plan leaves fewer open items to fight over.

Step 1: Start with a walk-through both of you can trust

I'm a former New Jersey home builder and residential remodeler, so I read a house the way a buyer's inspector will: the roof, the windows, the mechanicals, water stains, the things that turn into an inspection request. Both owners get the same notes. Repair questions come up now, while there's time to price them, instead of in the middle of a negotiation.

Step 2: Price two plans side by side

Most homes have two realistic paths: sell as-is, or make a short list of updates first. I write up both, with a price for each, so the decision is about numbers instead of about who wants what. In one Beachwood sale, under $15,000 in updates that I picked and supervised led to $75,000 more than the as-is plan. Every home is different and one sale doesn't promise the next, but the comparison is worth making before anyone decides.

Step 3: Decide who pays before the work starts

Who fronts the cost of repairs, and whether it's paid back from the proceeds, is a question for your attorneys, your mediator or the court. What helps them decide is a written list with real quotes. Questions worth bringing to them:

• Is the money coming from one owner, both owners or a shared account?
• Is it credited back at closing, and to whom?
• Who approves a contractor, and who lets them into the house?
• What happens if a cost runs over the quote?

I got a guy for everything, and I'm not putting any profit on top of anything. Both owners see the same quotes at the same time.

Step 4: Handle the required items early

New Jersey's Uniform Fire Code requires a certificate of smoke alarm compliance before a one- or two-family home is sold, and the owner can only get it through the town where the home is located. It's valid for six months from the date it's issued (NJ Department of Community Affairs). Ask the town about any other resale requirements at the same time. Getting these on the calendar in week one takes them off the list of things to argue about in the last week.

Step 5: Take the divorce out of the photos

The marketing sells the home, and nothing in it should tell the public why the home is for sale. That means clearing personal photos, paperwork and anything that shows one household packing up. Rooms that are half empty can be arranged so they read as space, not absence. If there's a disagreement over who keeps which furniture, settle it through your attorneys before the photographer arrives, not on the morning of the shoot.

Step 6: Write the showing rules down

When one owner still lives in the home, showings need rules both owners agreed to: how much notice, who leaves, where pets go, what condition the home is left in and who has a key. Showing feedback goes to both owners at the same time. That's one of the ways the sale stays neutral. More on that in how to communicate with your spouse during a home sale.

Step 7: Launch when it's ready, not before

The first two weeks on the market set the price. In one Howell sale, the sellers had an accepted offer within the first 7 days, after 6 offers came in over asking. A home that goes live half-finished gives that window away, and in a divorce a second launch means a second round of decisions between two owners who'd rather be done.

What should you avoid?

• A remodel the other owner never agreed to. It becomes a fight over money instead of an investment in the sale.
• Doing the work yourselves when it'll cause friction. A contractor both owners approved keeps the work neutral.
• Covering up a known problem. Ask your attorney what has to be disclosed to buyers.
• Letting maintenance slip while the home is listed. The lawn, the gutters and the heat still matter until closing.

Frequently Asked Questions

Who pays for repairs before a divorce sale?

That's decided by your agreement, your attorneys, your mediator or the court. A written list with prices helps them decide, and both owners should see the same quotes.

Should the spouse who lives in the house do the work?

Only if both owners agree in writing. A contractor both of you approved keeps the work, and the bill, out of the argument.

How much should we spend getting the house ready?

Only what the numbers support. Price an as-is plan and an updates plan side by side, then decide. Start with a home value both of you can see.

Do we need a smoke alarm certificate to sell in New Jersey?

For a one- or two-family home, yes. The NJ Department of Community Affairs says the certificate is required before the home is sold, it's issued through the town, and it's valid for six months.

This is general information, not legal, tax or lending advice. Results from one sale don't guarantee results on another.

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. Read more about Dennis Mark.

Keep reading

• Read the divorce home sale guide
• What comes out of the proceeds at a divorce closing
• Upgrades and improvements that add value in New Jersey
• Have a question this didn't answer? Send it to Dennis Mark.