How To Sell A House During Divorce in Savannah

Selling a House During Divorce in Georgia – What Are Your Options?

Divorce is never easy, and when real estate is involved, the process becomes even more complicated. One of the most common concerns we hear from divorcing homeowners in Georgia is: “Do we have to sell the house and split the money?” The answer isn’t always straightforward, and it largely depends on how the property was acquired, who’s on the mortgage, and what the court determines to be fair.

Georgia is an equitable distribution state, which means the division of assets—including real estate—is based on fairness, not necessarily a 50/50 split. That gives the court more flexibility to consider factors like who contributed to the mortgage, who paid for repairs, who raised the children, and the financial situation of each spouse.

Do You Have to Sell the House in a Divorce?

No—not in every case. Before the court can determine what happens to the home, they’ll first assess whether it’s considered marital property or separate property.

If the home was purchased by one spouse before the marriage, inherited, or gifted solely to one person, it may be classified as separate property—especially if marital funds weren’t used for improvements or mortgage payments. In that case, the other spouse may have no legal claim to the home.

However, if both spouses made financial or physical contributions to the home during the marriage, the court may view it as a shared asset, subject to division.

Depending on the circumstances, the court may order the house to be sold and proceeds split, or allow one spouse to buy out the other’s equity. If you’re facing a divorce and unsure of your options, speaking with an experienced attorney and a local home buyer like Birddog Home Buyers can help you understand the next best step.

Options If You’re Dividing Real Estate Assets

• ✅ One spouse can refinance and buy out the other’s equity.
• ✅ You can sell the property and split the proceeds based on court instructions or mutual agreement.
• ✅ If neither party can afford the home on their own, a fast cash sale to an investor like Birddog Home Buyers can offer a fair, stress-free solution—without waiting for showings or repairs.

Selling during divorce doesn’t have to be a battle. We work with couples to provide neutral, confidential, and fast solutions when it matters most.

A court will look at several factors to decide who gets the house, including:

The value of the property.

The financial circumstances of each partner.

The employability of each partner.

Both physical and monetary contributions to the marital home.

The age and physical and mental health of each partner.

The amount of time each partner will have custody of the children.

Who Gets the House in a Divorce? Understanding Your Legal Options

Dividing real estate during divorce is one of the most emotional and legally complex parts of the process. Who gets the house depends largely on state law, how the property was acquired, and what’s deemed fair and equitable by the court.

In Georgia—and most states—the court follows equitable distribution, which means marital property is divided based on fairness, not automatically 50/50. That fairness is determined by factors like income, contributions to the home, caregiving roles, and future financial stability.

In contrast, community property states (like California, Texas, and Arizona) typically split marital assets down the middle, 50/50. Georgia is not a community property state.

Common Outcomes for the Marital Home in Divorce

Here are four common outcomes the court—or you and your spouse—might agree on:

🏡 One Spouse Buys Out the Other

If one partner wants to keep the home, they may buy out the other’s equity share and refinance the loan in their name. This requires court approval and proof of financial ability to cover the mortgage independently.

🕒 One Spouse Stays Until the Kids Turn 18

In some divorces, especially those involving young children, one spouse may receive temporary occupancy until the youngest child reaches adulthood. After that, the home is typically sold and the proceeds divided.

🤝 You Co-Own the Home Post-Divorce

Some couples choose to co-own the house—especially when one spouse cannot qualify for a new mortgage alone. While this provides stability, it requires strong communication and trust, as both parties are still financially responsible.

💰 You Sell the Home and Split the Proceeds

Selling the home outright can be the cleanest option. If you need to sell fast—due to a tight timeline, needed repairs, or court order—working with a cash buyer like Birddog Home Buyers may be the simplest, quickest solution.

Steps to Sell a Home During Divorce

1. Hire a Divorce-Savvy Real Estate Professional

Before listing your home, the first step is to determine who has legal rights to the property and how those rights will be handled. It’s crucial to work with a real estate agent experienced in divorce situations—someone who understands how to navigate communication, legal processes, and conflicting priorities with discretion.

2. Agree on How to Sell the Property

Once legal ownership is clarified, you’ll need to agree on the sales strategy:

• Do you want a fast cash sale to move on quickly?
• Or would you prefer to invest in repairs and try for top dollar on the open market?

You’ll also need to agree on key logistics:

• Sale price and listing agent
• Who stays in the home during the sale
• Who pays for repairs, showings, and ongoing bills

To avoid further conflict, document these decisions through your attorneys before putting the house on the market.

3. Review and Accept Offers

When offers come in, both parties must agree on which offer to accept. Discuss your strategy in advance—whether it’s accepting the first clean offer or holding out for the highest bid. A clear plan avoids costly delays or legal battles.

4. Divide the Sale Proceeds

Once the home sells, the escrow company will pay off liens or debts, then divide the net proceeds as determined by your divorce settlement or court order. This final step is your chance to start fresh.

OR

5. Sell Your House AS-IS to A Cash Buyer

If you and your ex can’t agree—or just want to get it over with—selling to a direct cash home buyer may be the easiest solution. Cash buyers purchase homes as-is, no matter the condition or personal circumstances.

With no agents, no repairs, and no need to communicate with your ex, this option can save time, money, and emotional energy. At Birddog Home Buyers, we specialize in helping divorcing couples in Georgia sell their homes quickly and fairly, with compassion and confidentiality.

Selling Your House During a Divorce? Get a Fair Cash Offer from Birddog Home Buyers Today

Going through a divorce is hard enough—selling your house shouldn’t make it harder. At Birddog Home Buyers, we specialize in helping homeowners in difficult situations sell their homes quickly, fairly, and without the added stress of agents, open houses, or legal delays.

We’re a local, trusted cash home buying company serving homeowners across Savannah and surrounding Georgia communities. Our process is simple, our offers are competitive, and our mission is to make your next move easier—no matter what condition your property is in or what stage of the divorce process you’re in.

Whether you’re still negotiating with your spouse or you’ve been court-ordered to sell the home, we can provide a fast, confidential, and hassle-free solution. We’ve helped many divorcing couples reach a resolution without the drama of repairs, buyer financing fall-throughs, or drawn-out negotiations.

Why Work With Birddog Home Buyers?

• ✅ Get a cash offer in 24 hours or less
• ✅ No showings, no repairs, no cleaning
• ✅ No commissions or closing costs
• ✅ Close on your timeline—in as little as 7 days
• ✅ Sell even if the home needs work or has liens

We understand that timing, privacy, and fairness are essential when emotions and finances are on the line. That’s why we treat every client with compassion and professionalism—no pressure, no judgment.

If you’re ready to move forward and leave the stress behind, give us a call today at (888) 433-1276 or fill out the short form on this page. We’ll give you a free, no-obligation cash offer and help you take the next step—on your terms.

Your fresh start is just one conversation away. Let’s make it happen.

Georgia Divorce Laws Sellers Should Know (Beyond Real Estate)

If you’re preparing to sell a house during a divorce in Georgia, it’s important to understand more than just how assets are divided. Several state-specific divorce laws can affect your timeline, financial standing, and legal obligations—even if they don’t directly pertain to the property.

1. Georgia Requires Separation—But Not Moving Out

Georgia does not require you and your spouse to live separately under different roofs before filing for divorce. However, you must be considered “legally separated,” which simply means you’re no longer acting as a married couple (i.e., no shared finances or marital relations). This can be important when determining your right to sell or occupy the home during the divorce.

2. Georgia Has a 30-Day Response Period

Once divorce papers are served, the responding spouse has 30 days to file an answer. This can impact how quickly a divorce proceeds—and how soon a shared property might need to be sold.

3. Alimony May Affect Your Finances

Georgia courts may award temporary or permanent alimony, depending on the length of the marriage, each spouse’s income, and other factors. If you’re selling a home to divide assets, the proceeds may be factored into alimony considerations.

4. Child Custody Can Influence Who Stays in the Home

In cases involving children, the court may award temporary possession of the house to the custodial parent until the children reach a certain age—impacting your ability to sell right away.

Understanding these Georgia-specific laws will help you make informed decisions as you navigate both your divorce and your home sale.