Going through divorce

One clean sale, so both of you can move forward

When a house is the last thing tying two lives together, the goal is simple: a fair number, a clear process, and a done date.

What selling a house during divorce usually looks like

Selling the usual way during a divorce means months of showings, two schedules to coordinate, and a price that keeps getting renegotiated by strangers. It stretches out exactly the thing you are both trying to finish.

A direct cash sale compresses all of it. One quick walkthrough, then one written offer that both sides and both attorneys can look at.

How we handle it

Neutral by design

We work with both of you, and with your attorneys if you prefer. Same information, same number, no sides.

A number that holds still

You get a written cash offer with no financing contingency. What is agreed is what is paid.

Close when the paperwork is ready

In less than 10 days, or on the timeline that fits your settlement. We work around your process.

How Arkansas handles the house in a divorce

Property division in an Arkansas divorce runs through one main statute, Ark. Code Ann. 9-12-315, plus a few rules about signatures and title. Here is what the law actually says, in plain words, so you know what you are working with before you make a decision about the house.

  1. Residency and the waiting period

    Arkansas law requires that either you or your spouse lived in the state for 60 days before the case is filed. There must also be residence in the state for three full months before the final judgment. The law adds that no decree of divorce can be granted until at least 30 days have passed from the date the complaint was filed. That 30 days is a floor written into the statute, not an estimate of how long a case takes.

  2. Grounds and what has to be proved

    Arkansas still requires a legal ground for the divorce. One common ground is that the two of you have lived separate and apart for 18 continuous months without living together again. In uncontested suits, the law says corroboration of the grounds is not required. Proof of residence and proof of the separation still must be corroborated, and in uncontested cases that can come from testimony or a sworn affidavit from someone other than the two of you.

  3. Marital property and separate property

    Marital property means all property either spouse acquired after the marriage, with exceptions the statute writes out. Those exceptions include property owned before the marriage, gifts, property received because of someone's death, property traded for any of those, property excluded by a valid agreement, and the increase in value of that separate property. Where the house lands depends on which bucket it falls in.

  4. The half and half starting point

    The statute says marital property is distributed one half to each party unless the court finds that division inequitable. It is a starting point, not a fixed rule. To divide marital property unequally, the court weighs nine listed factors, including the length of the marriage, each person's income and employability, and each person's contribution to the property, including services as a homemaker. If the court divides unequally, it must state its basis and reasons in writing in the order.

  5. What the decree says about the house

    The final order has to name the specific real and personal property each person is entitled to. The statute says that when the real estate is not susceptible of division without great prejudice to the parties interested, the court shall order a sale. That sale is made by a commissioner the court appoints, at public auction to the highest bidder, on the terms and at the time and place the court fixes. After sale costs and the commissioner's fee, the money is paid into court and divided among the parties in proportion to their rights.

  6. Signatures and title

    Arkansas has a homestead rule at Ark. Code Ann. 18-12-403. No conveyance, mortgage, or other instrument affecting the homestead of a married person is valid unless the spouse joins in signing it, or conveys by separate document, and acknowledges it. Narrow exceptions cover taxes, laborers' and mechanics' liens, and purchase money. When the final decree is entered, any estate by the entirety or survivorship is automatically dissolved unless the order says otherwise, and the two of you are treated as tenants in common.

Ways people handle the house

There is no single right answer, and the best path depends on your equity, your loan, and how well the two of you can work together. Here are the common choices with the honest tradeoffs. Most of them do not involve us at all.

Sell together on the open market

You both agree to sell, repair what needs repairing, and take the best offer. This usually brings the highest price when the house shows well and you can wait. It also means repairs, strangers walking through, and two people agreeing on a price and a closing date while a lot else is going on.

One of you buys the other out

One spouse keeps the house and pays the other for their share, usually by refinancing the loan. This works when the person keeping it can qualify on their own income and there is equity to work with. If the loan cannot be refinanced, both names often stay on the debt, which keeps you tied together after the divorce.

Keep it for now and decide later

Some couples hold the house for a while, often so children can stay in the same school. Someone still has to cover the loan, taxes, insurance, and repairs the whole time. Put the terms in writing, since Arkansas courts can enforce written agreements between spouses made in contemplation of separation or divorce.

Let the court decide

If you cannot agree, the court divides the property and can order a sale when the real estate is not susceptible of division without great prejudice. The path written into the statute is a commissioner's public auction, with the proceeds paid into court and divided in proportion to your rights. You give up control over timing, price, and terms.

Sell to us for cash

We buy the house as is. You get a guaranteed cash offer within 24 hours and can close in less than 10 days, with no showings, no open houses, and no repairs. The tradeoff is real, since an as-is cash price is usually lower than what a repaired house brings from a buyer using a bank loan. Both spouses still sign, and your decree or written agreement still controls where the money goes.

Same promise as every house we buy.

A guaranteed cash offer within 24 hours. No repairs, no showings, no fees. Close in less than 10 days, or on your timeline. See the whole process.

Questions sellers ask us

Can we sell the house before the divorce is final in Arkansas?

Nothing in the divorce statutes stops a couple from selling a house when both of you agree to sell. Arkansas courts can enforce written agreements between a husband and wife made in contemplation of separation or divorce, so getting the terms on paper matters. If a case is already filed, there may be orders in your file that affect what you can do with property. Have your lawyer check those orders before you sign anything.

Does my spouse have to sign if the house is only in my name?

Usually yes, if the house is your homestead. Arkansas law voids a conveyance or mortgage of a married person's homestead unless the spouse joins in or signs a separate acknowledged document, with narrow exceptions for taxes, laborers' and mechanics' liens, and purchase money. Arkansas also still recognizes dower and curtesy, which a spouse releases the same way. That is why closings usually ask for both signatures.

Is everything split 50/50 in Arkansas?

Not exactly. The statute distributes marital property one half to each party unless the court finds that division inequitable, and that presumption covers marital property only. Property that is not marital is returned to the spouse who owned it before the marriage, unless the court makes another division it considers equitable. Any unequal division has to be explained in writing in the order.

I owned the house before we married. Is it still mine?

Usually, yes. Property acquired before the marriage is one of the statute's exceptions to marital property, along with gifts, inheritances, and the growth in value of those things, so the default is that it returns to the spouse who owned it. A court can still order a different division with written reasons, and how the deed was written during the marriage matters. Bring your actual deed to a lawyer.

Can a judge make us sell the house?

Yes, on a specific finding. The statute says that when the real estate is not susceptible of division without great prejudice to the parties interested, the court shall order a sale. That sale is made by a commissioner the court appoints, at public auction to the highest bidder. After the cost of the sale and the commissioner's fee, the proceeds are paid into court and divided among the parties in proportion to their rights.

How long does a divorce take in Arkansas?

The law sets a minimum, not a schedule. No decree can be granted until at least 30 days have passed from the date the complaint was filed, and there must be residence in the state for three full months before the final judgment. Cases where people disagree run longer than that. A lawyer who works in your county can give you a realistic range.

How fast will I get my offer?

We call you with a guaranteed cash offer within 24 hours of getting your property details.

Is the offer really guaranteed?

Yes. You get a written cash offer with no financing contingency. If you accept it, that is the amount you are paid at closing.

Are there any fees or commissions?

No. There are no agent commissions and no service fees, and we cover the typical closing costs, meaning the title work. The offer we make is the cash you receive at closing.

We buy houses for cash, we are not attorneys, and nothing on this page is legal advice, so please have a lawyer confirm how any of this applies to your situation.

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Prefer to talk now? Call (501) 251-9330.