A judge has ordered (or is about to order) you and your spouse to sell the marital home. Both of you have separate attorneys. Your conversations with the other party are limited and routed through counsel. You need this done fast, you need it clean, and you need the proceeds to land in the right disbursement account without drama. Selling to a traditional listing — 90+ days, contingencies, repair negotiations — is not realistic in your situation.
Pennsylvania is not a community-property state. Under 23 Pa.C.S. § 3502, the court divides marital property based on what is equitable considering 11 enumerated factors — duration of the marriage, contributions to it, economic circumstances of each spouse at divorce, and others. That's why a court-ordered home sale's proceeds usually aren't split 50/50 at settlement; the disbursement formula comes from the divorce decree, not the sale itself.
Both attorneys receive the same written offer at the same time. We don't communicate separately with either spouse outside of factual property questions (when can we walk the property, are there any open code violations, etc.). The closing proceeds go directly to the disbursement account your attorneys designate. We close on the date the court requires, not the date that's most convenient for us. We've handled dozens of court-ordered divorce sales in Lehigh County and Northampton County without conflict.
In a divorce sale you cannot afford the wholesaler 'lowball at the closing table' pattern. If the offer you sign at the contract isn't the offer that closes, you and your spouse have to renegotiate the disbursement — adding weeks and attorney hours. Mike Sup is InterNACHI Certified (Cert #21032009), walks the property himself, and writes the offer based on what he actually sees. Contract price equals closing price. The IRS Section 121 primary-residence exclusion may also apply to your share — talk to a CPA.
We've worked with both spouses and both attorneys on the same closing many times. There's a way to do this that adds zero drama to a year that has enough of it.
Written by
Mike SupInterNACHI Certified Professional Inspector · #21032009 · speaks English & Spanish
Mike personally responds within 24 hours.
