Selling During Divorce

Selling the house in a divorce in Smithtown

When a house has to be sold as part of a separation, the useful thing is rarely a higher theoretical price. It is a real number, in writing, that both people and both attorneys can look at on the same day, with a date attached.

Uncertainty is what makes this stage drag. A fixed figure removes one whole argument from the process.

Selling the marital home without adding to the divorce

What we have learned from divorce sales is that the process matters as much as the price. Anything that requires the two of you to cooperate repeatedly turns into one more argument.

So we make it single step. One visit, one written offer, one closing date, and everything through the attorneys if that is preferable. We will also say honestly whether listing the Smithtown house would put more into the pot to divide, because you should hear that before the settlement is drafted rather than after.

Selling a house during a divorce in Smithtown: living room packed with boxes and storage bins
Selling a house during a divorce in Smithtown? We buy occupied houses as-is. Pictured: living room packed with boxes and storage bins.

Getting a firm figure on the Smithtown marital home

Ranges cause arguments. If the house is worth somewhere between two numbers, one spouse anchors on the top and the other on the bottom, and the divorce spends three months there.

A firm offer ends that particular conversation. You may decide the number is not enough and go to market instead, which is a perfectly good outcome and one plenty of divorcing couples choose. What you will not do is keep arguing about a range, because there will be an actual figure on the table.

Why local knowledge changes the number

A house on Kent Place. In Smithtown, bought and paid for by us.

Smithtown is roughly 25,629 people in Suffolk County, ZIP 11787, and the housing stock is mostly colonial, split-level, ranch. Around Main Street and the Smithtown Bull, most of it is old enough that the mechanicals are on their second or third life. The Smithtown stop pulls buyers who commute, which supports the good houses and does very little for the ones that need a roof. We have been buying across Suffolk County for 15+ years. We know what the Smithtown Central School District does to a resale price, which blocks still have oil tanks in the ground, and what a house like yours is actually worth here.

Nobody has to stage the house through a divorce

The median house in Smithtown sold for $797,500 and took about 23 days to go under contract, then another 45 to 60 days waiting on the buyer's mortgage. That is 68 to 83 days in total, for a house that was ready to show on day one. All of that assumes somebody keeps the house show ready for months, which is a great deal to ask of a household in the middle of a divorce.

We look at the house once, in whatever condition it is in. Nothing gets painted, nothing gets decluttered, and nobody has to be out by ten on a Saturday morning. A divorce is hard enough without a lockbox on the door.

Closing the divorce sale on a date that suits both sides

If one person needs to stay until the end of a school year, or until a new lease starts, we can set the closing for then. The date is one of the terms we agree, not something a buyer's mortgage timetable dictates to you.

In a divorce that flexibility is worth real money, because the alternative is usually one party paying for two households while everybody waits on an underwriter. Divorce settlements get signed on the assumption the house closes when it is supposed to.

What the two paths cost in Smithtown

These are the two routes open to you with a house in a divorce, priced against what Smithtown houses actually sell for.

Work it against Smithtown's own numbers. The median sale here is $797,500. A 5% commission on that is $39,875, and seller closing costs of about 2% add roughly $15,950. Those are costs we can cover on our side. That is $55,825 gone before anyone counts the repairs it took to get the house listable.

There are two waits in a listed sale and people usually only count the first. In Smithtown the median house takes about 23 days to go from listed to a signed contract. Then it waits again, typically 45 to 60 days, while the buyer's lender orders an appraisal and underwrites the loan. Call it 68 to 83 days from sign to keys, assuming nothing goes wrong.

The part worth understanding is what a signed contract actually guarantees, which is less than most sellers assume. A retail buyer with a mortgage contingency can walk away right up to the end. If they do not qualify, if the appraisal comes in under the price, if they change their mind and let the financing lapse. A share of deals die exactly there, after months of waiting, and the house goes back on the market with time on it. We are not borrowing anything, so there is no lender to satisfy, no appraisal to come in low and no contingency to exercise.

 Listing with an agentSelling to us
Sale price$797,500 (Smithtown median)Our written offer
Commission−$39,875None
Seller closing costs−$15,950We can cover them
Repairs before listingOut of pocketNone
CleanoutYoursOurs
ShowingsUntil it sellsOne visit
Listed to signed contract23 days (Smithtown median, once listable)24 hours to a written offer
Contract to closing45 to 60 days (waiting on the buyer's lender)A date you choose
Total wait68 to 83 days if nothing falls throughYours to set
Can the buyer walk?Yes (mortgage contingency runs to the end)No financing to fall through
Before repairs and carrying$741,675The number we put in writing

The agent column uses a 5% commission and about 2% of seller closing costs, which are typical rather than fixed. It leaves out repairs and holding costs because no two houses are alike there. Where a house is in good condition, listing with a capable agent can beat our number, and we will be upfront if that is the case.

When only one of you wants to sell the Smithtown house

If one spouse wants to sell and the other does not, the answer is usually not found in real estate. It is found in the divorce itself, and your attorney is the person who can tell you what a court can order.

Our part is simpler and we do it well. We provide a written offer that both sides and both attorneys can see at once, which at minimum removes any argument about what the Smithtown house is worth today.

What you do not pay when you sell a house in a divorce

Listing a house in a divorce the usual way brings each of these costs with it. Selling to us brings none of them.

Agent commission
$39,875 at 5% of the Smithtown median
none
Seller closing costs
About $15,950 on a $797,500 sale. We can cover these.
none
Repairs to make it listable
Everything a buyer would flag, paid for before you list
none
Cleanout and removal
Dumpsters or haulers by the load, ahead of any viewing
none
Carrying costs while it waits
Taxes, insurance and utilities across the 68 to 83 days it takes to find a buyer and then wait on their lender
none

Buyouts, and when they work better than selling

There is also a tax question, and it is a real one. How proceeds from a marital home are treated can depend on filing status and timing, which is a CPA's territory rather than ours.

Ask one before the divorce settlement is finalized, not after. We will happily give you the sale figure to bring to that conversation, and we will wait while you have it. Nothing about our offer expires because you took two weeks to get proper advice.

Common questions

Do both of us have to agree to sell the Smithtown house?

Yes, everyone on the deed signs. What we can do is make sure both sides see the identical number on the same day, which removes one of the things divorcing couples most often argue about.

Can the offer go to our attorneys directly?

Yes, and often that is the simplest way to handle it. We have worked divorce sales entirely through counsel before and it usually lowers the temperature for everyone.

Can we sell before the divorce is finalized?

It depends on your agreement and on what your attorneys have arranged. Selling during a divorce rather than after it is common. Ask counsel first, then tell us the closing date you need.

What if my spouse is still living in the Smithtown house?

That is workable. We can view the house at a time that suits whoever is there, and we can set a closing date that gives them a reasonable window to move. Occupancy does not stop us buying.

Will you tell my ex what I said to you?

No. We say the same thing to both of you and we do not relay anything else. That even-handedness is the only way a buyer can be useful in a divorce.

Call us Request my offer