Selling Your Las Vegas Home During a Divorce: What to Know

by Ryan Rose

Divorce is already hard. Selling a home together when you can barely stand to be in the same room makes it harder. But it's often necessary, and with the right approach, it can be done smoothly.

Here's what you need to know.

First: Who Decides What?

Before listing, understand your legal situation:

Both names on title. Both spouses must agree to sell and sign all documents. Neither can sell without the other's consent.

Court-ordered sale. Sometimes the divorce court orders the home sold and proceeds divided. This removes some negotiation but adds legal requirements.

One spouse buying out the other. If one person keeps the home, they refinance to remove the other from the mortgage and pay their share of equity. No sale to third party needed.

Consult your divorce attorney about your specific situation before making decisions about the house.

Agreeing on Price

This is often the first battle. One spouse wants to price high, the other wants to sell fast. Neither trusts the other's judgment.

Solutions:

Get an appraisal. A professional, independent appraisal gives both parties an objective value. Costs $400-600 but eliminates arguments about worth.

Get multiple CMAs. Have two or three agents provide market analyses. Compare their recommendations.

Agree to follow market feedback. List at an agreed price with a commitment to reduce by a specific amount after a certain number of days if no offers come.

Choosing an Agent

You need one agent representing the property, not two agents representing each spouse. Options:

Neutral agent. Someone neither of you knows. No perception of favoritism.

Agreed-upon agent. If you both trust someone, use them. Put it in writing.

Court-appointed. In contentious divorces, the court may select an agent.

The agent works for the property sale, not for either individual. Make this clear from the start.

Cooperation During Showings

The home needs to show well. That requires cooperation:

Who lives there? If one spouse remains in the home, they're responsible for keeping it show-ready.

Access for showings. Both parties must agree to showing schedules. Blocking showings to spite your ex hurts you both financially.

Staging decisions. Agree on what stays, what goes, and who pays for any staging costs.

Put agreements in writing. "We will allow showings between 9 AM and 7 PM with 2 hours notice" removes daily arguments.

Handling Offers and Negotiations

Both spouses must agree to accept, counter, or reject offers. This can be painful when you disagree.

Set parameters in advance. "We'll accept any offer within 5% of list price" or "We'll counter anything above $X."

Communicate through the agent. If direct communication is difficult, let the agent relay information.

Focus on outcomes, not emotions. A lower offer that closes is often better than holding out and fighting for months.

Dividing Proceeds

How sale proceeds are divided depends on your divorce agreement:

50/50 split. Most common in community property states like Nevada.

Offset for other assets. One spouse might get more home equity in exchange for retirement accounts or other assets.

Debt payoff first. Mortgages, HELOCs, and other liens are paid before splitting remaining equity.

The escrow company distributes funds according to your divorce decree or agreement. Have this documented before closing.

Tax Considerations

Divorce can affect your capital gains exclusion:

Single filers can exclude up to $250,000 of gain (vs. $500,000 for married couples). If you have significant equity, timing of divorce finalization versus home sale matters.

Consult a tax professional about your specific situation.

When You Can't Agree

If cooperation is impossible:

Mediation. A neutral mediator helps reach agreements without court involvement.

Court intervention. A judge can order the home sold and appoint someone to manage the process.

Partition action. Legal process to force sale of jointly-owned property. Expensive and adversarial.

Fighting costs money. Legal fees, carrying costs, and emotional toll add up. Finding a way to cooperate usually serves both parties better.

The Bottom Line

Selling during divorce requires cooperation between people who may struggle to cooperate. Focus on the financial outcome, put agreements in writing, communicate through professionals when needed, and remember that the sale is a means to move forward with your separate lives.

Need to sell your Las Vegas home during a divorce? Let's discuss how to make the process as smooth as possible.

Common Questions About Selling Your Las Vegas Home During Divorce

Q1: Can one spouse sell the house without the other's permission in Nevada?

No. If both spouses are on the title, both must agree to the sale and sign all documents. Nevada is a community property state, so neither spouse can sell jointly-owned property without the other's consent, even during divorce proceedings.

Q2: How is home equity divided in a Las Vegas divorce?

Nevada typically follows a 50/50 split of community property, including home equity. However, the actual division depends on your divorce agreement, whether one spouse contributed separate property to the purchase, and any offsets for other assets. Your divorce decree will specify how proceeds should be distributed at closing.

Q3: Who pays the mortgage while the house is listed for sale?

This should be addressed in your divorce agreement. Typically, the spouse living in the home pays the mortgage, or you split it according to your agreement. Regardless of your internal arrangement, both parties remain legally responsible if both names are on the mortgage, so missed payments affect both credit scores.

Q4: Do we need two separate real estate agents?

No, and it's generally not recommended. You should hire one neutral agent who represents the property sale itself, not either individual spouse. This avoids conflicting advice and ensures a unified marketing strategy. Both spouses should agree on the agent selection in writing.

Q5: What if we can't agree on the listing price?

Get a professional appraisal for an objective valuation (costs $400-600), obtain multiple comparative market analyses from different agents, or agree in advance to follow market feedback by reducing the price after a set timeframe if no offers are received. Having predetermined criteria removes emotional decision-making.

Q6: Can the court force us to sell our home?

Yes. During divorce proceedings, a judge can order the home to be sold and specify how proceeds are divided. The court may also appoint a real estate agent or special master to manage the sale process if the parties cannot cooperate.

Q7: What happens to our capital gains tax exclusion when divorcing?

Married couples filing jointly can exclude up to $500,000 in capital gains, while single filers can exclude $250,000. If you have significant equity, the timing of your divorce finalization versus the home sale can impact your tax liability. Consult a tax professional about your specific situation.

Q8: Who is responsible for preparing the home for showings?

Typically, the spouse still living in the home is responsible for day-to-day maintenance and keeping it show-ready. However, both parties should agree on decluttering, repairs, and any staging costs. Put these responsibilities in writing to avoid conflicts during the listing period.

Q9: How long does it take to sell a home during a divorce in Las Vegas?

The timeline varies based on market conditions and cooperation level. In normal markets, expect 30-60 days to find a buyer, plus 30-45 days to close. Divorce situations may take longer due to required approvals from both parties and potential court involvement. Lack of cooperation can extend the process significantly.

Q10: What if my ex refuses to allow showings or cooperate with the sale?

If one spouse blocks the sale, you may need to pursue mediation or return to court for enforcement of the sale order. Documenting non-cooperation is important. The court can hold the uncooperative spouse in contempt or appoint someone to manage the sale process on their behalf.

Q11: Should we make repairs before selling during a divorce?

This depends on your financial situation and market conditions. Major repairs that significantly increase sale price or marketability may be worth it. Both spouses must agree on which repairs to make and how to split costs. Consider getting pre-listing inspections to identify issues and decide together what to address.

Q12: How are sale proceeds distributed at closing?

The escrow or title company follows instructions from your divorce decree or separation agreement. After paying off the mortgage, liens, selling costs, and any agreed-upon expenses, remaining equity is distributed according to your agreement. Both parties typically receive separate checks rather than one joint check.