Introduction
Going through a divorce is challenging enough without the added stress of wondering whether you’ll be forced to sell your home. For many couples in Minnesota, the family house is more than just a piece of property — it’s a place full of memories, stability for the children, and often the couple’s most valuable asset.
So, can the court make you sell your home during a divorce? The short answer is: yes, but not always. Minnesota divorce law treats the marital home as part of the property division process, and the outcome depends on several factors.
Let’s break down when you might be forced to sell the house, your options for keeping it, and how a Martine Law attorney can help protect your interests.
Understanding Marital vs. Non-Marital Property
The first step is determining whether the home is marital property or non-marital property:
- Marital Property: Property acquired during the marriage, regardless of whose name is on the title. This includes homes bought after the wedding.
- Non-Marital Property: Property acquired before the marriage, inherited individually, or received as a gift, and kept separate.
Even if one spouse owned the home before the marriage, if the couple lived there together and used joint funds for mortgage payments, it may be partially marital.
Minnesota follows equitable distribution, meaning property is divided fairly — not necessarily equally — based on factors like income, contribution, and need. Learn more from the Minnesota Judicial Branch.
When the Court Might Order a Home Sale
The court may order the home to be sold if:
- Neither spouse can afford to keep it alone
- There are significant debts that must be paid using equity from the home
- There is no agreement between spouses on who should keep it
- Selling is the only fair way to divide equity
In contested cases, the court looks at the financial situation of each party, especially if one spouse wants to keep the home but can’t refinance or buy out the other’s interest.
Who Gets to Stay in the House During the Divorce?
While the divorce is pending, one spouse may request temporary possession of the home, especially if:
- There are minor children involved
- One spouse moved out voluntarily
- The other spouse is engaging in harmful or harassing behavior
Temporary orders don’t mean permanent ownership — they simply allow one spouse to remain in the home while the case proceeds. You can request this as part of your temporary relief motion through your attorney.
What If Children Are Involved?
In divorces involving children, the court gives additional consideration to maintaining stability. Judges may be more inclined to award the home to the primary custodial parent, at least temporarily, to avoid uprooting the kids.
This doesn’t guarantee long-term ownership, but it can delay a forced sale until after the children graduate or a new parenting arrangement is finalized.
Options for Keeping the Home
If one spouse wants to keep the home, here are the most common options:
1. Refinance the Mortgage
The spouse keeping the home must typically refinance in their name only and buy out the other spouse’s share of the equity. This option requires strong credit and adequate income.
2. Offset with Other Assets
In some cases, the spouse who keeps the home can offer the other spouse other marital assets of equal value — such as retirement funds, vehicles, or cash — instead of paying out equity directly.
3. Delayed Sale or Co-Ownership
Some couples agree to retain joint ownership for a period of time (e.g., until the kids graduate), and then sell later. This requires a high level of cooperation and a clear legal agreement.
At Martine Law, we can help you negotiate these terms into a divorce settlement that works for your unique situation.
What If You Can’t Agree?
If you and your spouse can’t agree on what to do with the house, the judge will decide based on:
- Each person’s financial ability to maintain the home
- Contributions made to the home (financial and otherwise)
- Custody arrangements, if kids are involved
- Fairness in the overall division of property and debts
In many cases, if neither spouse can reasonably keep the home on their own, the court will order it to be sold, and the proceeds split based on the property division order.
Tax Considerations and Selling the Home
Selling your home as part of a divorce may trigger capital gains taxes, especially if the value has significantly appreciated. However, many couples qualify for a $250,000 to $500,000 capital gains exemption if the home was used as a primary residence for at least two years.
Speak with a financial advisor or tax expert before agreeing to a home sale in divorce proceedings. The attorneys at Martine Law can connect you with qualified professionals as part of your case strategy.
What Happens to the Mortgage?
If the home is sold:
- The mortgage is paid off from the sale proceeds
- Any remaining funds are divided equitably
- If the sale doesn’t cover the mortgage, the couple may share the deficiency or negotiate responsibility
If one spouse keeps the home:
- They must refinance to remove the other spouse from the mortgage
- If refinancing isn’t possible, the court may still order a sale to avoid financial risk for both parties
Final Thoughts
Yes, you can be forced to sell your home during divorce in Minnesota, especially if keeping it is financially unrealistic or both parties have equal claims. But forced sales are not automatic — with smart planning and skilled legal support, you may be able to keep your home or negotiate an arrangement that protects your future.
Whether you’re hoping to keep your home or want your fair share of its value, the team at Martine Law is here to guide you through the process with clarity and strategy.