Divorce or separation is always stressful. Selling a property after a divorce or separation can just add to the stress. However, it's better to take a cooperative approach to selling your home and other properties. A good real estate agent can help, but you need to take a step-by-step approach if you want a successful outcome.

Getting prepared to sell property in a divorce or separation

Divorce proceedings take time, and there are legal issues to deal with if you're in a de facto relationship. Let's break down the crucial first steps involved when approaching a property sale post-divorce or separation.

Understand your financial position

Before anything else, list every shared asset and liability – the mortgage, credit cards, super, cars, savings. Make copies of all the certificates, contracts and agreements you hold together and keep a record of day‑to‑day expenses. 

Knowing exactly where you both stand financially will help when you speak with banks, brokers and lawyers, and it lets each partner plan their next move with confidence.

A real estate agent can give you an estimate of the value of your property to anchor negotiations, and an online calculator is a quick way to sense‑check the figures.

Seek legal advice early

Once the figures and paperwork are in order, take them to a family-law specialist. They’ll explain how settlement time-limits apply—generally 12 months after divorce or two years after ending a de facto relationship—and outline realistic pathways to agreement. 

Early advice can stop small disputes over documents or valuations from spiralling into an expensive court battle. Bring copies of every contract, title and certificate to the first meeting so your lawyer can map out the fastest, least stressful route to a fair outcome.

Options for selling a house in a divorce

There are essentially two main routes you can take when selling a property during a divorce or separation: settling in or out of court. 

Settling out of court

Most couples prefer to reach an agreement privately, and you can sell during the separation period before a formal property settlement if both parties consent (see Cudmore Legal on selling assets while separated). A clear, written agreement sets expectations and avoids last‑minute disputes.

It's important to get legal advice early because:

• Property adjustments must be made within one year of divorcing
• If you have been in a de facto relationship, property adjustments must be made within two years of the date of separation

The earlier you can come to a satisfactory agreement, the earlier you can put the past behind you and begin rebuilding your life.

Settling in court

If negotiations stall or mutual agreement is impossible, the Family Court of Australia will decide how assets are divided. 

Judges look at the value of assets and debts, each partner’s financial and non‑financial contributions, and future needs such as children’s welfare and earning capacity.

The Family Court of Australia will consider:

• The values of your assets and liabilities (including superannuation)
• The financial contributions of each party (wages, salaries, etc.)
• Indirect financial contributions such as inheritances
• Non-financial contributions (child care, home making, etc.)
• Future requirements such as age, child care and the ability to earn

Court is a last resort in most situations, but unfortunately is sometimes unavoidable.

Do I have to sell my house in a divorce?

Selling is not your only option when you divorce or end a de facto relationship — there are a few different paths that can be taken.

You can sell if you both agree

A clean sale followed by a mutually agreed split of the proceeds is often the simplest path when neither partner wants to stay in the property.

You can buy out your partner (or vice versa)

If one person wants to keep the home, they can refinance and pay out the other’s share. The bank will order its own valuation and confirm the remaining borrower can service the loan. 

Child‑support payments may be counted as income if they are regular and long‑term. Using a mortgage broker can help source competitive valuations, but multiple applications can affect your credit score.

You can delay the sale

Some couples keep the property for a fixed period – for example, until children finish school. 

In this instance, one partner may stay and cover the mortgage while the other rents elsewhere. A lawyer‑drafted agreement is essential to avoid later disputes.

What if my partner refuses to sell the house?

Start with mediation through a Family Dispute Resolution service or private mediator; a written agreement at this stage can avoid expensive court action. 

If talks stall, your solicitor may commission an independent valuation and issue a formal notice requesting cooperation. 

As a last resort, either partner can apply to the Federal Circuit and Family Court for an order to force a sale or allow a buy‑out—judges can even appoint a trustee to sign on behalf of an unco‑operative owner. 

Knowing that pathway often brings hold‑outs back to the table, so keep records, stay current on loan repayments and get legal advice early.

How to sell a house during a divorce

Selling a property is already a stressful experience without the added emotional toll of going through a relationship breakdown. But, with the right strategy and support, it's a process that can be navigated to a successful conclusion for all parties. 

1. Find the right agent

Many real estate agents know how to sensitively handle selling a home during a divorce. Others have little experience with divorce sales and may not handle your sale with enough sensitivity. It's crucial to find an agent who knows how to deal with both parties sensitively and compassionately.

Look for an agent experienced in divorce sales – someone calm, impartial and sensitive to both parties’ needs. Personal recommendations or comparison tools can help shortlist candidates.

OpenAgent can help you find a real estate agent with extensive experience dealing with divorce or separation sales.

Maggie Owen is one example of a divorcee who found the perfect solution from Open Agent. From her first contact, she found Open Agent to be "compassionate," "friendly" and willing to help. And that was only the beginning. As she says: "Open Agent catered to my needs and found three real estate agents who would help me in my situation. They did all the legwork for me. Throughout the process, they kept in touch."

2. Prepare your house for sale

When you put your home on the market, it's in your mutual interest to get the highest possible price for your home, but that may mean having to spend some money. Some of the hidden costs of selling your home include:

• Renovations and repairs
• Gardening and garden maintenance
• Cleaning
• Home staging

Agree on a budget for repairs, cleaning, gardening and staging so there are no surprises. If one partner pays for renovations, keep receipts so costs can be reimbursed from the proceeds.

3. Review relevant offers

Another point of disagreement can come when offers are made on the home. One party may want to sell while the other wants to wait and get a higher offer. This can lead to serious arguments. A sensitive real estate agent can help reduce the stress by turning the conversation back to the facts of the sale:

• If the offered price was fair, they will show both parties examples of other properties that sold for around the same price
• If the offer was too low, the real estate agent may suggest asking for a higher offer or waiting until a more realistic offer is made
• If neither party can agree, the agent may be able to help them come to a mutually agreeable (and realistic) price

4. Dividing the sums after a divorce

It's not your real estate agent's job to divide the sum of the sale. That is for you to decide through legal advice or the Family Court of Australia. Their job is to get the highest possible price for your property and help you both cooperate during the sale process.

There is no guarantee of a 50/50 split. As mentioned above, it depends on a number of factors. Once an agreement is made and signed by both parties, it is binding.

After your property is sold, it's time to put the past behind you and get on with your life. In the best case scenario, both parties will feel they got a fair deal and will be able to move on. Good divorce attorneys can help, and a good real estate agent can help both parties get the best outcome when they sell the house.

Moving foward

Once the property is sold and settlement is finalised, both parties can focus on rebuilding their lives. By preparing thoroughly, seeking early legal advice and working with the right agent, you’ll give yourselves the best chance of a smooth sale and a fair outcome.

To recap:

• Prepare in advance by getting your finances in order, estimating the value of your assets & liabilities, and making copies of all relevant certificates, contracts and agreements that you may have shared with your partner.
• Have all of your relevant documents with you and get legal advice early. You want to achieve a mutually satisfactory solution before needing to resort to court. The earlier you can come to an agreement, the earlier you can put the past behind you and begin rebuilding your life.
• Remember, selling is not your only option when you divorce or separate from a de facto relationship. You may be able to come to an agreement and buy out your partner, and keep your home through refinancing a loan.
• Keep in mind, not all agents have experience handling divorce sales and may not handle your sale with enough care. For this reason, it's crucial to find an agent who knows how to deal with both parties sensitively and compassionately.

Frequently asked questions about selling a property after a separation