How a Divorce House Buyout Works

Navigating the financial and emotional complexities of a divorce can be daunting, especially when it comes to deciding the fate of a shared home. A divorce house buyout is an arrangement where one spouse pays the other for their share of the home’s equity. For divorcing spouses, it’s important to understand how this process works, as well as the potential legal and tax implications of this arrangement.

Whether you’re going through a divorce or just got married, a financial advisor can help you manage your financial life and plan for the future.

What Is a Divorce House Buyout?

A divorcing couple signs a house buyout agreement in front of one of their divorce attorneys.

In a divorce house buyout, one spouse pays the other for their part of the equity in the home they shared during their marriage. This allows one party to retain ownership of the home, while the other receives compensation for their share.

This divorce financial planning option can be particularly appealing when there are emotional ties to the home, such as an attachment to the family residence or practical considerations like providing stability for children.

While a buyout can seem like a financially prudent alternative to selling the home, particularly in market downturns, it is not always the most advantageous choice for both parties. It’s essential to approach this option as one of several available and to assess the individual circumstances and market conditions carefully.

How House Buyouts Work

For many, the family home is the most significant asset they own, and deciding who gets to keep it can be a point of contention. A house buyout is one way to resolve this.

Here’s a breakdown of the general process for how to buy someone out of a house in a divorce.

1. Determine the Home’s Value and Your Equity

When determining a home’s value and each spouse’s equity in it, securing a professional appraiser is important. They can provide an unbiased market value by taking into account comparable property sales, the home’s condition and current market trends.

However, it’s important to note that appraisals are not foolproof, and market fluctuations can influence them. When engaging an appraiser, consider asking the following questions:

What is your experience in appraising homes in my area?
How do you ensure compliance with the Uniform Standards of Professional Appraisal Practice (USPAP)?
Can you provide a detailed explanation of how you arrived at the appraisal value?

An accurate valuation not only lays the groundwork for determining each spouse’s equity but is also central to crafting a fair and amicable buyout agreement. The home equity calculation is the difference between the home’s market value and any outstanding debts against it, such as a mortgage. It represents the homeowner’s financial stake in the property.

For example, if a house is valued at $300,000 and there’s a $100,000 mortgage remaining, the equity amounts to $200,000. Dividing this equity becomes a central point of discussion in a buyout situation.

2. Settle on a Buyout Price

Establishing a buyout price might seem simple at first glance. Typically, it involves dividing the home’s equity equally between spouses. However, when ownership stakes are unequal or other factors come into play, the calculation becomes more nuanced.

Let’s consider a case where the home’s equity is $200,000. If split equally, each spouse’s share would be $100,000. But if one spouse is entitled to 70% of the home, the buyout price would need to be recalculated to reflect that, resulting in an equity split of $140,000 and $60,000.

The final buyout price can be influenced by factors such as individual financial contributions to the home or agreements made during divorce proceedings. There also is no guarantee that the initial buyout price will be readily accepted by both parties, and it’s not uncommon for spouses to seek mediation to reach an agreement.

3. Finance the Buyout

Choosing the right financing option for a house buyout will require that it fits into your individual circumstances. Some might opt to refinance the home or get a new mortgage in order to buy out the other spouse. Others might consider liquidating assets like investments or retirement funds, though this may have tax impacts and long-term financial implications.

For those who need alternative solutions, selling personal assets or setting up an installment plan could be viable options. Meanwhile, a spouse may choose to trade in other assets for the other spouse’s equity in the home.

4. Formalize the Agreement

A formal agreement should be drafted, outlining the terms of the buyout. This protects both parties’ interests and ensures that the agreement is recognized by lending institutions and tax authorities. The agreement should include the buyout amount, payment schedule and any conditions related to the sale of the house in the future. Legal professionals should assist in drafting these agreements to avoid future disputes.

Legal and Tax Implications of a House Buyout

An attorney signs papers in front of two divorcing spouses.

The legal implications of a home buyout can include the transfer of property rights and any necessary changes to legal documentation. For example, a quitclaim deed could be used to facilitate the transfer of interest in the property. This type of deed relinquishes a person’s claim to the property without affirming the validity of the title or specifying the particular rights being transferred. So with this arrangement, the grantor relinquishes any claims or rights to the property without providing any guarantees to the property’s title.

Conversely, a warranty deed assures that the grantor has a clear title and the legal right to transfer the property. So, in this case, the seller guarantees that they hold a clear title to the property and provide assurances against any claims or defects in the title.

Another thing to consider: When one spouse assumes the mortgage in a house buyout, refinancing is often necessary. This serves to release the other spouse from their financial obligations under the loan, and it can help protect them from future liabilities associated with the mortgage.

No matter which option you take, consider the tax implications of a home buyout. In some cases, the transfer of property as part of a divorce settlement is not considered a taxable event. However, if the buyout is structured in a way that does not meet specific legal requirements, the IRS may view it as a sale, potentially triggering capital gains tax.

Should You Keep or Sell the Home?

After a divorce, deciding whether one spouse should keep the marital home or whether it should be sold is both a financial and personal decision. While keeping the home may offer continuity—especially for children—it’s important to assess whether it remains financially practical for either spouse on their own.

Start by reviewing whether the spouse who plans to stay can manage the full cost of the home on a single income. This includes mortgage payments, property taxes, insurance, upkeep and potential repairs. If a buyout is involved, factor in how the buyout payment, refinancing or liquidation of assets might affect long-term financial security.

Also consider how the home aligns with post-divorce financial goals. Selling the property and dividing the proceeds may offer a cleaner financial break, allowing each spouse to establish a more manageable living situation. For homes that have appreciated significantly, it’s important to understand whether either spouse still qualifies for the home sale exclusion, as capital gains tax may apply after the divorce.

Working with both a divorce attorney and a financial advisor can help in weighing the trade-offs and determining whether keeping or selling the home best supports your financial independence moving forward.

Bottom Line

Arranging for a divorce house buyout is a significant step that involves one spouse buying out the other’s interest in the marital home. This process can be complex, emotionally charged and financially intricate, requiring a clear understanding and careful planning.

Tips for Navigating a Divorce

Alimony can play an important role in divorce. But these financial payments from one spouse to another can last anywhere from just a few months or until death. Understanding alimony and how long it can last is important for anyone going through a divorce.
A financial advisor can help you manage your finances before, during and after a divorce. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.