After a divorce, questions often arise regarding the sale of a marital home and whether court approval is needed. The answer largely depends on the terms set in the divorce decree. If the document specifically awards ownership to one spouse and there are no outstanding claims or liens, that person generally has the right to sell the property without further court involvement. However, if both names remain on the deed or the settlement requires both parties’ consent to sell, additional legal steps or approvals may be necessary before proceeding with a sale.
Legal experts advise reviewing the final divorce decree carefully and consulting with a real estate attorney or the court if there is any uncertainty. It’s also important to ensure that all previous liens, joint debts, or unresolved financial interests are cleared to avoid complications at closing. Taking these steps helps protect both parties and ensures the home sale process goes smoothly post-divorce.
Read the original Arizona home sales article.