Can I Sell My House Before the Divorce Is Final in Arizona?
(by Niomee Baker, Divorce Certified Realtor in Chandler, AZ)
Divorce can bring so many “what now?” questions — and one of the biggest is often about the home. If you and your spouse are separating but the divorce isn’t finalized yet, you might wonder: Can we sell before it’s over?
The short answer: Yes, you can — but with some important conditions.
In Arizona, you’re allowed to sell your home before your divorce is final as long as both spouses agree and the court hasn’t restricted the sale. Because Arizona is a community property state, both parties usually share equal ownership of assets acquired during the marriage — including your home.
Here’s what that means for you:
Both spouses must sign off on the sale if both names are on the title.
If there’s a court order in place (sometimes called a “preliminary injunction”), you’ll need to request court approval before selling.
The proceeds from the sale will typically be held or divided as part of the final divorce settlement.
Why some couples chooseto sell before the divorce is final:
It allows both people to start fresh sooner.
It can simplify dividing assets and debt.
It may prevent mortgage issues or missed payments during the divorce process.
Why others wait:
Selling can be emotional and stressful during separation.
Timing the sale for better market conditions may make sense.
Sometimes one spouse wants to keep the home, so waiting allows for buyout discussions.
Pro tip: Work with a Divorce Certified Realtor who understands both the legal and emotional layers of selling during a split. Having a neutral, experienced guide keeps communication clear and the process calm — especially during such a vulnerable time.
If you’re in Chandler or the surrounding areas, I can help you understand your options, connect with trusted attorneys, and move through this chapter with confidence.