Selling Your House During a Divorce in Indiana & Kentucky: What You Need to Know

Divorce is one of the most stressful experiences a person can go through. When a shared home is part of the equation, the emotional weight only gets heavier. The house that once represented stability, family, and future plans suddenly becomes a complicated asset that two people need to figure out how to divide.

If you are going through a divorce in Indiana or Kentucky and wondering what happens to the house, you are not alone. It is one of the most common and most contentious issues in divorce proceedings. This guide will walk you through how property division works in both states, what your options are, and how to move forward in a way that protects you financially and emotionally.

A quick but important note before we begin: this article is for informational purposes only and is not legal advice. Every divorce is different, and you should always consult with a qualified divorce attorney in your state before making decisions about your property.

How Property Division Works: Indiana vs. Kentucky

Both Indiana and Kentucky are equitable distribution states, which means the court divides marital property in a way that is fair -- but not necessarily equal. A 50/50 split is common, but a judge can order a different division based on the circumstances of the marriage. That said, the two states handle property classification quite differently, and understanding the distinction matters.

Indiana: The "One Pot" Rule

Indiana takes a unique approach under Indiana Code IC 31-15-7-4. The state follows what is commonly called the "one pot" rule, meaning that virtually all property owned by either spouse -- regardless of when or how it was acquired -- goes into a single pot for division. This includes:

• Property acquired before the marriage
• Property acquired during the marriage
• Inheritances received by one spouse
• Gifts given to one spouse individually
• Property held in one spouse's name only

The presumption in Indiana is a 50/50 split of the entire marital pot. However, either spouse can argue for a different division based on factors listed in IC 31-15-7-5, including:

• Each spouse's contribution to the acquisition of the property
• Whether the property was acquired before the marriage
• The economic circumstances of each spouse at the time of disposition
• The conduct of the parties during the marriage as it relates to the disposition of assets
• The earnings or earning ability of each party

Kentucky: Marital vs. Non-Marital Property

Kentucky takes a more traditional approach under Kentucky Revised Statutes KRS 403.190. The state draws a clear line between marital property and non-marital property:

• Marital property includes all property acquired by either spouse during the marriage, regardless of whose name is on the title
• Non-marital property includes property acquired before the marriage, property received as a gift or inheritance by one spouse, and property excluded by a valid prenuptial agreement

Only marital property is subject to division. The court divides it in a "just proportion" considering factors under KRS 403.190(1), including each spouse's contribution to the marital property, the value of property set apart to each spouse, the duration of the marriage, and the economic circumstances of each spouse.

Factor	Indiana	Kentucky
Distribution Method	Equitable distribution	Equitable distribution
Property Classification	"One pot" -- all property is subject to division	Marital vs. non-marital -- only marital property is divided
Home Bought Before Marriage	Goes into the pot but origin may influence division	Generally considered non-marital (but appreciation during marriage may be marital)
Starting Presumption	50/50 split of all assets	Just and equitable division (no fixed presumption)
Governing Statute	IC 31-15-7-4 and IC 31-15-7-5	KRS 403.190
Inherited Property	Included in the pot (but origin considered)	Non-marital if kept separate
Increase in Value During Marriage	Included in the pot	Active appreciation may be marital; passive appreciation is typically non-marital

When Can You Sell the House During Divorce Proceedings?

This is one of the first questions people ask, and the answer depends on your situation and where you are in the process.

Before Filing for Divorce

If both spouses agree, you can sell the home before either party files for divorce. In some cases, this is the simplest approach. There are no court orders in place restricting the sale, and you have full freedom to list the home, accept an offer, and divide the proceeds however you agree.

However, be cautious. If a divorce is imminent, selling the home and distributing proceeds without proper documentation could create problems later. The court may scrutinize any pre-filing transfers. Make sure any agreement is in writing and ideally reviewed by an attorney.

After Filing: Automatic Restraining Orders and Temporary Orders

This is where things get more complicated. In many jurisdictions, once a divorce petition is filed, automatic temporary restraining orders go into effect that prevent either spouse from selling, transferring, concealing, or disposing of marital property without the other spouse's consent or a court order.

In Indiana, the court can issue a provisional order under IC 31-15-4-1 that restricts the disposition of marital assets during the proceedings. While Indiana does not have an automatic statutory restraining order that kicks in upon filing (the way some states do), most courts will issue protective orders early in the case, and your attorney can request one immediately.

In Kentucky, the court can issue temporary orders under KRS 403.160 to restrain the parties from transferring, encumbering, concealing, or disposing of marital property. These orders are commonly requested and granted early in the proceedings.

During the Divorce with Court Approval

Even with restraining orders in place, the home can still be sold during divorce proceedings if both spouses agree and the court approves, or if a judge orders the sale. This actually happens quite often, because maintaining two households while paying a mortgage on a home neither party may want is financially draining.

After the Divorce Is Finalized

Once the divorce decree is entered, the property division is settled. If the decree awards the home to one spouse, that spouse can sell whenever they choose. If the decree orders the home to be sold and the proceeds split, both parties are obligated to cooperate with the sale.

Do Both Spouses Need to Agree to Sell?

In most cases, yes -- at least as a practical matter. If both names are on the deed, both spouses typically need to sign the deed to transfer ownership to a buyer. Even if only one spouse is on the deed, the other spouse may have a legal interest in the property (especially in Indiana under the one-pot rule) that prevents a unilateral sale.

If one spouse refuses to cooperate with a sale, the other can ask the court to order the home sold. Judges generally have the authority to order a sale of marital property when it serves the interest of a fair division and neither party can afford to keep it.

What If One Spouse Wants to Keep the House?

It is common for one spouse to want to stay in the home, especially when children are involved. This is possible, but it requires some financial maneuvering:

1. Buyout: The spouse keeping the home "buys out" the other spouse's share of the equity. This can be done by refinancing the mortgage to cash out the other spouse's portion, offsetting the equity with other marital assets (for example, one spouse keeps the house while the other keeps retirement accounts of similar value), or making a cash payment.
2. Refinancing the mortgage: If both spouses are on the mortgage, the spouse keeping the home almost always needs to refinance into their name alone. The departing spouse should not remain on the mortgage -- if payments are missed, it damages both parties' credit.
3. Qualifying for the mortgage solo: This is the obstacle many people underestimate. The spouse keeping the home must qualify for the full mortgage on their income alone. After a divorce, with only one income, this is not always possible.

"The single biggest mistake I see in divorce cases involving real estate is one spouse insisting on keeping a house they cannot realistically afford. Six months or a year later, they are behind on payments and facing foreclosure -- and the financial damage extends to both parties if the other spouse's name is still associated with the loan."

Keeping the House as Co-Owners After Divorce

Some divorcing couples consider keeping joint ownership of the home after the divorce is finalized. While this can work in rare circumstances -- for example, agreeing to keep the home until the youngest child finishes high school -- it is generally a poor idea for several reasons:

• It ties you financially to your ex-spouse for years
• Decisions about repairs, maintenance, and improvements require cooperation
• If one party stops paying their share, the other is stuck
• It can complicate future relationships and financial planning for both parties
• If one party wants to buy a new home, the existing mortgage affects their debt-to-income ratio

A clean break is almost always better for both parties in the long run, even if it feels harder in the short term.

How Is the House Valued During Divorce?

The value of the home is critical to the property division calculation. There are several common approaches:

• Formal appraisal: A licensed appraiser evaluates the home and provides a fair market value. This is the most reliable method and the one courts prefer. Sometimes each spouse hires their own appraiser, and if the values differ significantly, a third appraiser is brought in.
• Comparative market analysis (CMA): A real estate agent provides an estimate based on recent comparable sales. This is less formal than an appraisal but can be useful for preliminary discussions.
• Agreed value: Both spouses agree on the value without a formal appraisal. This is the fastest and cheapest approach but only works when both parties are being honest and cooperative.

The equity in the home -- not its full market value -- is what gets divided. Equity is calculated as the fair market value minus the remaining mortgage balance and any liens. If the home is worth $250,000 and you owe $180,000, the equity is $70,000.

The Mortgage Problem: Both Names on the Loan

This is one of the trickiest aspects of selling a home during divorce. Even if the divorce decree awards the home to one spouse, the mortgage company is not bound by the divorce decree. If both names are on the loan, both parties remain legally responsible for the payments regardless of what the divorce papers say.

Options for dealing with a joint mortgage include:

1. Sell the home and pay off the mortgage: This is the cleanest solution. The mortgage is paid from the sale proceeds, and both parties walk away free and clear.
2. Refinance into one spouse's name: The spouse keeping the home takes out a new mortgage in their name only. This removes the other spouse from liability. However, the remaining spouse must qualify on their own.
3. Loan assumption: Some loans (particularly FHA and VA loans) can be assumed by one spouse. This is less common and depends on the lender's policies and the remaining spouse's creditworthiness.
4. Keep both names on the mortgage: This is the least desirable option. If the spouse living in the home stops making payments, the other spouse's credit is damaged, and the lender can pursue either party for the full balance.

Selling Before, During, or After Divorce: Pros and Cons

Selling Before the Divorce Is Filed

Pros: No court restrictions, faster process, can use proceeds to fund separate living arrangements and legal fees. Both parties start the divorce on more equal financial footing.

Cons: May be scrutinized later if the division of proceeds was not fair. Could be seen as an attempt to dissipate marital assets if not handled transparently.

Selling During the Divorce

Pros: Removes a major source of conflict from the proceedings. Proceeds can be held in escrow until the court determines the division. Reduces the ongoing financial burden of the mortgage.

Cons: Requires court approval and cooperation between spouses. The stress of selling a home on top of a divorce can be overwhelming. Disagreements about listing price, repairs, and offers can stall the process.

Selling After the Divorce Is Finalized

Pros: The terms of the sale and division of proceeds are already determined by the decree. Can wait for better market conditions.

Cons: Requires continued cooperation with your ex-spouse. One party may not cooperate, requiring enforcement through the court. The ongoing mortgage ties both parties together financially.

The Advantages of a Cash Sale During Divorce

For many divorcing couples, a traditional home sale -- listing with an agent, staging, showings, waiting for offers, dealing with buyer financing contingencies -- is simply too much to handle on top of everything else. This is where a cash sale to a direct buyer can be especially valuable.

• Speed: A cash sale can close in as little as one to three weeks, compared to 60 to 90 days (or longer) for a traditional sale. When you need to move forward with your life, speed matters.
• Certainty: Cash offers do not fall through due to buyer financing issues. Once you accept an offer, the sale is virtually guaranteed to close.
• Simplicity: No staging, no open houses, no weekend showings. The home is sold as-is, which eliminates arguments about who is going to pay for repairs or updates.
• Clean break: The faster the home is sold and the mortgage is paid off, the sooner both parties can begin rebuilding independently.
• Reduced conflict: With fewer decisions to make and a shorter timeline, there are fewer opportunities for disagreement between the parties.
• Privacy: A direct sale does not require public listings, open houses, or agents discussing your situation. During a divorce, privacy can be a real comfort.

A cash sale may not net the highest possible price, and you should weigh that consideration carefully. But when time, certainty, and simplicity are priorities -- as they often are during a divorce -- the tradeoff can be well worth it.

Tax Implications of Selling the Marital Home

The good news is that the IRS capital gains exclusion typically applies to the sale of a marital home during divorce. Under Section 121 of the Internal Revenue Code:

• A single filer can exclude up to $250,000 in capital gains from the sale of a primary residence
• A married couple filing jointly can exclude up to $500,000
• To qualify, you must have owned and used the home as your primary residence for at least two of the five years preceding the sale

If you sell the home while still legally married and file a joint return for that tax year, you may be able to take advantage of the full $500,000 exclusion. If the divorce is finalized before the sale, each spouse can potentially claim the $250,000 exclusion on their individual return, provided they meet the use and ownership requirements.

One complication arises when one spouse moves out of the home before the sale. If that spouse has not lived in the home for two of the last five years by the time it sells, they may not qualify for the exclusion. However, there is an exception under IRC Section 121(d)(3)(B): if the home is transferred to a spouse (or former spouse) as part of a divorce, the receiving spouse's period of ownership includes the time the transferring spouse owned it. Additionally, a spouse who moves out may still be considered to have used the home as a primary residence if their spouse or former spouse is allowed to live in it under a divorce or separation agreement.

Using Sale Proceeds to Pay Off Joint Debts

One of the most practical benefits of selling the marital home during a divorce is using the proceeds to eliminate joint debts. This can include:

• The mortgage itself
• Home equity loans or lines of credit (HELOCs)
• Joint credit card debt
• Joint auto loans
• Other shared obligations

Paying off joint debts from the sale proceeds gives both parties a genuinely fresh start. Just like with the mortgage, a divorce decree does not release you from joint debts in the eyes of creditors. If the decree says your ex-spouse is responsible for a joint credit card and they stop paying, the creditor can still come after you. Eliminating these debts entirely through the sale is the safest approach.

Protecting Yourself During the Process

Divorce can bring out the worst in otherwise reasonable people. Here are some practical steps to protect yourself:

Do Not Move Out of the House Without Legal Advice

Many people assume that moving out is the right thing to do to reduce conflict. While it may ease tensions, it can have legal consequences. In some cases, moving out can be seen as abandoning your interest in the property. It can also affect custody arrangements if children are involved. Always consult your attorney before leaving the marital home.

Do Not Sign Anything Without Your Attorney Reviewing It

This includes quit claim deeds, listing agreements, purchase agreements, or any document related to the property. A quit claim deed, in particular, can transfer your entire interest in the property, and once signed, it is extremely difficult to undo.

Document the Condition and Value of the Home

Take photos and videos of the home's condition. Keep records of any improvements made during the marriage and what they cost. This documentation can be valuable if there is a dispute about the home's value or condition.

Keep Making Mortgage Payments

If your name is on the mortgage, keep making payments (or ensure they are being made). Falling behind on the mortgage during a divorce can lead to foreclosure, which devastates both parties' credit and eliminates any equity you might have received.

Do Not Use the Home as a Bargaining Chip

It can be tempting to use the house as leverage in negotiations over custody, support, or other issues. Courts frown on this behavior, and it usually backfires. Keep property discussions focused on property, and let your attorney handle the strategy.

Special Considerations for Indiana Residents

Indiana's one-pot rule means that even if you owned the home before the marriage, your spouse has a potential claim to a share of it. If you brought the home into the marriage and want to argue for a larger share, be prepared to present evidence of:

• When you purchased the home and its value at that time
• How much of the mortgage was paid before the marriage
• Any improvements made with non-marital funds
• The current value compared to the value at the time of marriage

Indiana courts have broad discretion under IC 31-15-7-5 to deviate from the 50/50 presumption, but you need to make a strong case with documentation.

Special Considerations for Kentucky Residents

In Kentucky, the classification of the home as marital or non-marital property is the critical first step. If one spouse owned the home before the marriage, it may be classified as non-marital property. However, there are important nuances:

• If marital funds (income earned during the marriage) were used to pay the mortgage, the marital estate may have a claim to a portion of the equity -- even if the home is classified as non-marital
• If both spouses contributed to improvements that increased the home's value, the increase may be considered marital property
• If non-marital property is commingled with marital property (for example, adding your spouse to the deed), it may be reclassified as marital property under KRS 403.190

Kentucky courts look at the totality of the circumstances, and classification disputes can be complex. An experienced Kentucky family law attorney is essential.

A Note on Emotional Attachment to the Home

It is entirely normal to feel a deep attachment to the family home. It is where memories were made, where children grew up, where holidays were celebrated. Letting go of the house can feel like letting go of the life you built together.

But it is important to separate the emotional value of the home from its financial reality. Keeping a house you cannot comfortably afford, just because of the memories attached to it, can lead to financial hardship that makes everything harder. Sometimes the bravest and wisest decision is to let the house go so that both parties can start fresh on solid financial ground.

A home is where you build your next chapter -- not where you cling to the last one. Selling can be an act of courage and a step toward the stability you and your family deserve.

Moving Forward: When You Are Ready

If you are going through a divorce in Indiana or Kentucky and considering selling the family home, here is a simple framework to guide your next steps:

1. Consult a divorce attorney. Before making any decisions about the house, get legal advice specific to your situation and your state's laws. This is not optional -- it is essential.
2. Understand your financial picture. Know the home's approximate value, your mortgage balance, any other liens, and what your equity position looks like.
3. Explore your options. Selling, buying out, or refinancing each have different implications. Understand the pros and cons of each path.
4. Consider timing carefully. Work with your attorney to determine whether selling before, during, or after the divorce makes the most sense for your situation.
5. Prioritize a clean financial break. The sooner you can untangle your finances from your ex-spouse's, the sooner you can begin building your new life with confidence.

We understand that this is a difficult time. At , we work with homeowners throughout Southern Indiana and Kentucky who are navigating challenging life transitions, including divorce. We do not pressure anyone into a decision. We simply want you to know that if selling your home quickly, privately, and without the hassle of a traditional listing would help you move forward, we are here to have that conversation.

If you would like to talk through your situation or just want to understand what your home might be worth in a cash sale, please reach out. You can call us at or visit . There is no obligation, no judgment, and no pressure. Just honest answers and a willingness to help however we can.

Whatever you decide, we wish you clarity, peace of mind, and a strong fresh start.