When the Marital Home Is Stuck in Limbo During Divorce

Divorce takes time.

The house, unfortunately, doesn't care.

The furnace can still quit. The roof can still leak. The grass keeps growing, the mortgage keeps coming due, and the insurance company still expects the property to be properly maintained.

Yet one of the things I see happen during divorce is that the marital home gets stuck in limbo while everyone focuses on the bigger decisions.

Who is keeping the house? Will it be sold? Can one spouse refinance? How will the equity eventually be divided?

Those are important questions—but they may take months to answer.

So what happens to the house in the meantime?

The “In-Between” Period Matters More Than You Think

When both spouses were living in the home, there was usually some understanding—formal or informal—about who handled what.

Then someone moves out.

Suddenly, the person who always scheduled the furnace service isn't there. The spouse who handled the yard isn't doing it anymore. A repair comes up and neither party wants to spend money on a house they may not ultimately keep.

It's understandable.

It's also where small problems can become expensive ones.

A minor roof leak that isn't addressed can become drywall, insulation and mold damage. A neglected exterior issue can affect curb appeal. Routine maintenance that gets put off can turn into a much larger repair list when the home eventually goes on the market.

I've written before about how property condition can directly affect a home's marketability and even a buyer's ability to finance it. During divorce, allowing those issues to accumulate can ultimately affect the equity both parties are trying to protect.

Who Is Responsible for Maintaining the Home?

This sounds like a simple question.

During divorce, it often isn't.

If one spouse remains in the house, does that person assume responsibility for all maintenance? What about a major repair? If both spouses still own the property, who decides whether something should be repaired—and who pays for it?

Those aren't questions a Realtor should answer from a legal standpoint. They belong with the parties and their attorneys.

But from a real estate standpoint, I want my clients to understand something very clearly:

Ignoring the property while those questions are being worked out doesn't protect either party.

If there isn't already a clear understanding about how the home will be maintained during the divorce, it's worth having that conversation sooner rather than later.

What Happens When Something Breaks?

Some repairs can wait.

Others absolutely cannot.

A failed furnace in January, water intrusion, plumbing failure, electrical problem or active roof leak isn't going to politely wait until the divorce is finalized.

When there is already conflict between spouses, an unexpected $5,000 or $10,000 property expense can create another battle.

That's why I like to see these conversations happen before there's an emergency.

Who gets notified? Who obtains estimates? How are contractors selected? Who authorizes the work? How will the expense be handled?

Your attorney can determine what needs to be formally addressed in your particular situation. My role as a Certified Divorce Real Estate Expert is different: I can help identify the real estate issue, explain how it may affect the property and provide neutral information so informed decisions can be made.

If Someone Moves Out, Don't Forget About Insurance

This is an easy one to overlook.

If one spouse moves out—or especially if the marital home becomes vacant—the property's occupancy has changed.

Rather than assuming the existing homeowners policy covers every scenario, contact the insurance provider and make sure they understand how the property is currently being occupied and that the appropriate coverage remains in place.

The last thing either spouse needs during a divorce is to discover after a loss that there is an insurance problem involving one of their largest assets.

Waiting Has a Cost, Too

Sometimes waiting to make a decision about the marital home is absolutely appropriate.

But waiting isn't necessarily free.

Mortgage payments, property taxes, insurance, utilities, lawn care, snow removal and repairs continue regardless of what's happening with the divorce.

I've covered this more extensively in Timing the Sale: Should We List Now or Wait?, because the timing of a sale should be considered alongside the legal and financial strategy—not simply postponed by default.

The point isn't that every divorcing couple should rush to sell.

It's that the cost of waiting should be understood as part of the decision.

Keep an Eye on the Bigger Picture

During a divorce, it's easy to look at every property expense individually.

"Why should I pay for that if I'm not keeping the house?"

"Why should I put money into a house we're probably going to sell?"

Those are fair questions.

But sometimes the better question is:

What happens to the value of this asset if we don't address it?

Spending money unnecessarily before a sale doesn't make sense either. I'm certainly not suggesting remodeling a kitchen or replacing things simply because they're dated.

There's a big difference between improving a house and protecting a house.

Necessary maintenance, preventing further damage and preserving the property's condition fall into the second category.

You Don't Have to Know Yet Whether You're Selling

This is probably the most important point.

Bringing in a divorce-trained real estate professional early does not mean you've decided to sell the house.

Sometimes I meet with divorcing homeowners months before anyone knows what will ultimately happen to the property.

That's okay.

My job at this stage isn't to convince anyone to list the house.

It's to provide neutral real estate information, identify issues that may affect the property, and help the parties and their attorneys understand the real estate implications of the decisions they're considering.

Eventually, the marital home may be sold.

One spouse may keep it.

There may be another solution entirely.

But until that decision is made, the house is still an asset worth protecting.

The Bottom Line

Divorce cases don't always move quickly.

Your house won't necessarily wait for yours to be finished.

The goal isn't to decide what happens to the marital home before you're ready. It's to protect the asset until you are.

If you're navigating divorce and aren't sure what should be happening with your home while your case is pending, getting real estate guidance early can help prevent small property issues from becoming much larger—and more expensive—ones later.

Amy Osterbeck, CDRE®
Certified Divorce Real Estate Expert
Realtor® | Associate Broker
Serving Oakland County and Southeast Michigan

586.945.5323
amy@amyosterbeck.com