If you are going through a divorce, the house can feel like the biggest decision and the most emotionally loaded one. Most people want the same thing: a clear plan that protects their money, their credit, and their next chapter.
These FAQs answer the questions people ask Google and ChatGPT every day about divorce and real estate, especially here in Chicago. If your situation is complicated, you are not alone. The Divorce Collab helps you connect the dots between real estate, lending, and the divorce process, so your plan is realistic and doable.
Quick note: Mortgage and title are different. Legal strategy belongs with your attorney. Real estate strategy belongs with a divorce-trained real estate professional. Lending strategy belongs with a divorce-trained lender. When those pieces work together, clients win.
You do not have to sell the house to get divorced. Many couples sell, but others do a buyout, refinance, or temporarily co-own with a written plan. The best option depends on equity, mortgage terms, cash flow, and timeline.
Most people choose one of three options: sell and split the net proceeds, one spouse keeps the home with a buyout, or temporary co-ownership with a defined sale date. The right choice is the one that matches your legal timeline and your financial reality.
Home value is usually determined by an appraisal or a comparative market analysis (CMA). Appraisals are commonly used for settlement math. CMAs are commonly used for pricing if you are selling. If you disagree, having both can bring clarity.
Equity is not just home value minus the mortgage. If you are selling, you also need to account for real estate commissions, transfer taxes, title fees, attorney fees if needed, repairs, credits, and carrying costs until closing. What matters most is the net proceeds, not the headline value.
A buyout is when one spouse keeps the home and pays the other spouse their share of the equity. Buyouts can happen through cash, trading other assets, or refinancing to access equity. The key is making sure the buyout plan actually works with lending rules and timing.
Usually, no. A mortgage is a contract with the lender. Removing a borrower typically requires a refinance or a lender-approved loan assumption if the loan allows it. A divorce decree does not automatically remove someone from a mortgage.
Possibly. Title and mortgage are different. If you are on title, you may have ownership rights even if you are not on the loan. If you are not on title, rights depend on the legal facts and Illinois law. This is where your attorney guides the legal side and your real estate team supports the practical plan.
It depends. Selling earlier can reduce conflict and uncertainty, but it requires cooperation and timing. Selling later can help with logistics, school-year planning, or market timing. The right answer is the one that protects your finances and keeps the process moving.
If both names are on the loan, both credit scores can be impacted. If payments are at risk, you need a plan quickly with your attorney and lender to protect credit and prevent default. Waiting is usually the most expensive option.
Sometimes, yes, but it depends on income, debts, support payments, and documentation. A divorce-trained lender can tell you what is possible and what paperwork is needed so you do not get stuck mid-process.
A deferred sale agreement is when both spouses keep the home temporarily and sell later under written rules. It should clearly define who pays what, how repairs work, when the home will be listed, and how proceeds will be split.
Common issues include unpaid contractor bills, tax liens, judgments, HELOC balances, and title defects that delay closing. Identifying these early prevents surprises and keeps the sale timeline clean.
Ideally, both parties agree on a neutral, divorce-trained agent who can communicate clearly with everyone involved. The goal is to reduce conflict, protect the asset, and keep the process moving with transparency.
A quitclaim deed changes ownership on title. It does not remove responsibility for the mortgage. If your name is on the loan, your credit is tied to that loan until it is refinanced, assumed, or paid off.
The biggest mistake is making a decision based on emotion first and feasibility second. The best outcomes happen when your plan is executable with lending rules, legal timelines, and real-world costs.