In Oakland County, Michigan, the division of marital property can be one of the more difficult parts of the divorce process, especially when it comes to selling the house.
If you’re going through a divorce and need to sell your Oakland County home in communities like Troy, Farmington Hills, Novi, Bloomfield Hills, and Waterford, or White Lake, you need to understand your legal rights and obligations under Michigan’s equitable division divorce laws. Below are some frequent issues that arise when divorcing couples are preparing to sell their home in Oakland County.
Can We Sell the Marital Home Before the Divorce Is Final in Oakland County?
Yes. In Michigan, the marital home can be sold before the final judgment of divorce is signed. It can be done if both spouses agree or the judge authorizes the sale. When it occurs, the proceeds of the sale can be held in escrow until the court determines how all property (including the proceeds) will be divided equitably. However, sometimes the spouses agree in advance how to divide the money immediately after the house is sold. Another factor your attorney will consider is whether or not there is any existing court order that prevents assets from being sold, transferred, or dissipated.
Who Sets the Listing Price of the Home?
A common approach to deciding on a listing price of the home is to hire a real estate appraiser to assess the home’s fair market value. In many Oakland County divorces, couples split the appraisal cost equally. Alternatively, the parties can mediate the issue and agree on a price together. However, the easiest way is to follow the lead of the real estate agent who lists the property for sale.
Who Pays for Repairs or Upgrades Before Selling?
In Oakland County divorces, it’s typical for couples to share repair costs. Upgrades and repairs could increase the home’s value, but not always. To avoid any potential disputes regarding these costs down the line, your attorney will likely recommend a written agreement outlining all the details. Once again, speaking with one or more real estate agents is a fine idea to help figure out which repairs are necessary, which ones will give you a return on your investment, and which repairs are a waste of your money.
What Happens to the Proceeds from the Sale?
The starting place for dividing the net proceeds from the house sale is an equitable division. This process is guided by factors outlined in Sparks v. Sparks, 440 Mich 141 (1992), and Olson v. Olson, 256 Mich App 619 (2003). Other times, the net proceeds are used to pay off some or all of the marital debt. This is often the high-interest credit card debt, car loans, and other debt related to the house (such as a second mortgage or a HELOC / home equity line of credit)
Why Legal Guidance Matters in an Oakland County Divorce
Selling your house during a divorce in Oakland County involves more than listing the property and finding a buyer. From complying with court procedures to protecting your financial interests, it’s essential to work with an experienced Michigan divorce attorney. Our firm has been helping clients in Southeast Michigan for more than 30 years.
We Can Help You Navigate All Legal Issues in Your Divorce
At The Kronzek Firm, our Oakland County divorce attorneys in our Farmington Hills office have decades of experience with regularly assisting clients with:
- Division of marital property and real estate
- Spousal support (alimony)
- Complex asset division
- Collaborative divorce and mediation support
We’ll work closely with you to ensure your rights are aggressively protected during every phase of the home sale and property division process.
📞 Contact us today at (248) 479-6200 to schedule a consultation with one of our experienced Oakland County divorce lawyers. We can accommodate phone, Zoom, or in-person appointments after business hours when necessary. Our team also handles emergencies 24/7.
[Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized legal guidance, consult a licensed Michigan attorney.]