How do you sell a house during a divorce in Delaware?
Delaware divides marital property, including the house, through equitable distribution under 13 Del. C. § 1513, which means fairly but not necessarily 50/50. Couples can sell the home during or after the divorce. Both owners on the deed typically need to sign the listing and sale documents, the mortgage is paid off at settlement, and the remaining proceeds are divided according to the couples' agreement or the Family Court's order.
By David Sordelet | November 10, 2026
Divorce is hard enough without wondering what happens to the house.
For most Delaware couples, the home is the largest asset they own together, and deciding what to do with it is one of the biggest decisions in the process. I've helped a lot of sellers through this. The ones who come out best are the ones who get clear information early, before emotions make every decision harder.
Here's how it works in Delaware.
Your Three Options for the House
1. Sell it and divide the proceeds. This is often the cleanest path. The mortgage is paid off at settlement, both names come off the loan, and the net proceeds are split. Selling also ends the financial tie between you, which matters more than many people realize.
2. One spouse buys out the other. One of you keeps the house and pays the other their share of the equity, usually by refinancing into their own name. A buyout typically starts with the home's current market value, minus the mortgage balance, and sometimes minus estimated selling costs. That calculation is worth getting right.
3. Keep it together for now. Some couples hold the home until a child finishes school or the market improves. It can work, but it keeps you financially connected, and both of you stay liable on the mortgage until it's paid off or refinanced.
How Delaware Divides the Home
Delaware is an equitable distribution state, not a community property state. Under 13 Del. C. § 1513, the Family Court considers a list of factors, like the length of the marriage, each spouse's contributions, and their economic circumstances, to divide marital property fairly.
What that means for you:
The split isn't automatically 50/50.
A home owned before the marriage can still become partly marital, for example if it was refinanced or paid down with marital funds during the marriage.
If you sell before the divorce is final, the proceeds generally remain marital property until they're divided.
A divorce decree doesn't remove anyone from the mortgage. Only a payoff (through a sale) or a refinance does that. This is one of the most common surprises I see.
What the Sale Process Looks Like
Selling during a divorce is a lot like any other sale, with a few extra steps:
Both owners on the deed usually need to sign the listing agreement, the Seller's Disclosure, and the Agreement of Sale.
Agree on the big decisions up front: list price, who handles showings, how you'll respond to offers, and who pays the mortgage, taxes, and utilities until settlement.
Decide how communication works. Many divorcing sellers prefer that I communicate with each of them separately, or through their attorneys. That's completely fine.
Proceeds are distributed at settlement based on the written agreement or court order. Your settlement attorney will want to see it.
Don't forget the tax side. Many married couples can exclude up to $500,000 of gain on a primary residence, and $250,000 per person if single. Timing and who lived in the home can affect that, so loop in your CPA before you list. My post on capital gains tax when selling a house in Delaware covers the basics.
Why a Neutral Listing Agent Matters
In a divorce sale, the listing agent works for both owners. That means:
Pricing based on data, not on one spouse's opinion.
Communicating equally and transparently with both of you.
Keeping the sale moving even when the two of you aren't on speaking terms.
I've represented a lot of sellers in exactly this situation. My job is to get the best net result for the household and make the process as calm as possible.
Frequently Asked Questions
Can you sell a house before the divorce is final in Delaware?
Yes. Couples can sell during the divorce if both owners agree, or if the Family Court orders it. The proceeds generally remain marital property until they're divided by agreement or court order.
What if my spouse won't agree to sell the house?
If you can't agree, the Family Court can decide what happens to the marital home as part of equitable distribution, which may include ordering a sale. Talk to your divorce attorney about your options.
Do both spouses have to sign to sell the house?
Typically, yes. Everyone on the deed needs to sign the sale documents, and a spouse who isn't on the deed may still have rights in a marital home. Your settlement attorney will confirm who needs to sign.
How is a buyout calculated in Delaware?
A buyout usually starts with the home's fair market value, subtracts the mortgage balance (and sometimes selling costs), and splits the remaining equity by the agreed or court-ordered percentages. An accurate market value is the foundation, so a professional analysis or appraisal is worth it.
Who pays the mortgage while the house is for sale?
That's something to agree on in writing before you list. Missed payments hurt both owners' credit and can reduce the equity you're splitting.
The Bottom Line
Selling the marital home in Delaware follows the normal sale process, with equitable distribution deciding how the money is divided. The more you agree on early (price, timing, costs, communication), the smoother the sale goes.
If you're weighing whether to sell or buy out, start with an accurate number. Request your free Home Equity Report — it'll show you your home's current value, how much equity you've built, and what's happening with prices and inventory right in your neighborhood. Get your free report at search.teamsordelet.com/seller.
Team Sordelet and David Sordelet are licensed real estate professionals, not attorneys, accountants, or financial advisors. This article is general information, not legal, tax, or financial advice. Every situation is different — consult a qualified attorney, CPA, or lender about your specific circumstances before making decisions.
About David Sordelet
Looking for a trusted real estate professional in Delaware or Maryland who can help you make smart choices? Look no further than David Sordelet, Designated Broker of Real Broker Delaware and Team Leader of Team Sordelet.
With over two decades of experience, 1,000+ successful transactions, and 200+ five-star client reviews, David is recognized as one of the region's leading real estate experts. As the Designated Broker in Delaware and a licensed agent in Maryland, he provides unmatched knowledge of Wilmington, Newark, Hockessin, Dover, Middletown, and the Maryland Eastern Shore.
David understands that in real estate, who you work with matters most. That's why he combines personalized service, clear communication, and expert negotiation with the most modern marketing strategies and cutting-edge technology to achieve exceptional results for his clients.
Whether you're a first-time homebuyer, a move-up family, an investor, or a seller looking to maximize value, David Sordelet is the proven real estate professional you can count on.
License: RB-0031238-DE / 5013138-MD
