Selling the House During a Divorce
A shared house can be the largest thing two people have to divide, and it rarely divides neatly. It carries a mortgage with both names on it, a set of memories, and a market value neither of you controls. Here is how Nevada law treats a marital home, what a pending case in family court does to a sale, and where a cash sale does and does not help.
We are not attorneys and we do not give legal advice. We are a property solutions company: sometimes the right answer is that we buy the house, sometimes it is that you list it, and sometimes it is that one of you keeps it. What follows is general information about Nevada’s rules so you can have a better conversation with the people who represent you.
How the house is handled in a Nevada divorce
Take these in order. The answers to the first two shape everything after them.
- 1
Work out whether the house is community or separate property
Nevada is a community property state. In general, property either spouse acquired during the marriage is community property (NRS 123.220), while property owned before the marriage, or received afterwards by gift or inheritance, is separate (NRS 123.130). Real life is messier than the definitions: a house bought before the wedding and paid down together, or refinanced into both names, raises questions only a Nevada family law attorney should answer.
- 2
If it is community property, you both sign
Nevada law says neither spouse may sell, convey or encumber community real property unless both join in the deed and both acknowledge it (NRS 123.230). Whose name appears on the title does not by itself settle whether the house is community property. If there is any chance the house is community property, plan on both signatures from the first conversation.
- 3
Check whether a joint preliminary injunction has been issued
In Clark County divorces, the Eighth Judicial District Court’s rules let either spouse ask the clerk for a joint preliminary injunction at any time before the decree (EDCR 5.703). Once in effect, it bars both of you from selling, encumbering or otherwise disposing of community property, or property claimed as community, without the written consent of both parties or the court’s permission. It is enforceable as a court order, including by contempt. Not every case has one, so ask your attorney whether yours does.
- 4
Decide what happens to the house
The court is directed to divide community property equally to the extent practicable, and may divide it unequally only for a compelling reason it sets out in writing (NRS 125.150). You and your spouse can also agree on the house yourselves. The usual choices are one of you keeping it, selling it now and dividing the proceeds as agreed or ordered, or holding it until the decree.
- 5
Deal with the mortgage, not only the title
A divorce decree can assign the mortgage to one spouse, but it does not bind the lender. The Consumer Financial Protection Bureau is plain about it: a creditor can still collect from anyone named as a borrower, and taking your name off the title does not take it off the loan. Getting off a mortgage generally takes either a release from the lender or a refinance that removes your name. A sale, by contrast, pays the loan off at closing.
Your options for the house
Four honest routes. Only one of them involves us, and it is not listed first.
One of you keeps it
Workable when one spouse can carry the payment alone and qualify to refinance, or get a release from the lender. Without one of those, the other spouse stays on the loan after the decree, which ties you together financially long after the case closes.
List it together
If the house shows well and you can cooperate through showings, offers and repair requests, a traditional listing usually nets more than a cash sale. We will tell you when that is the case, name agents we have had good experiences with, and take no referral fee for it.
Hold it until the decree
Some couples leave the house alone until the court has ruled. It is a real option, but be honest about who is paying the mortgage, insurance and HOA dues in the meantime, and what happens if those payments slip.
Sell it as-is for cash
This tends to fit when cooperating through a listing is not realistic, when the house needs work neither of you wants to fund, or when you both want a fixed closing date. There are no showings to coordinate and no buyer’s financing that can fall through.
Where we come in
Our part is the last option, and only when it suits you both. We can look at the house as it stands, make a no-obligation cash offer to both of you, and close through a licensed Nevada title and escrow company on a date that works around your case — subject to the signed agreement, both signatures, and any consent or court permission your case requires. You can read how a purchase runs from first call to closing on our step-by-step process page.
What we will not do is pick a side, suggest how the proceeds should be split, or move ahead with one spouse while the other is in the dark. If you are handling the case without a lawyer, the Family Law Self-Help Center, run by Legal Aid Center of Southern Nevada under a contract with Clark County, has divorce forms and information and is a sensible place to start.
A divorce sale we handled
Selling the house quickly after a divorce
Henderson
After a recent divorce, a Henderson homeowner found himself the only person left on the title of the house he had been living in. Keeping up the property alone had become hard to manage, and he wanted to sell as soon as possible.
He called us, and we spoke with him the same day. The purchase agreement was signed that same day, and we closed about two weeks later.
From our deal records, reviewed by Alex Wentland, CEO — September 2026
Want the full process? Read our guide: Selling a house during a divorce in Nevada, step by step.
Frequently Asked Questions
Divorce and home-sale questions we hear
Can we sell the house before the divorce is final?
Yes, if you both agree and both sign. Where a joint preliminary injunction has been issued in your case, a sale also needs the written consent of both parties or the permission of the court under EDCR 5.703. Selling first means the decree divides money rather than a house, but whether that suits you is a question for your attorneys.
My spouse will not sign. Can I sell anyway?
Not if the house is community property. NRS 123.230 requires both spouses to join in the deed. The route forward runs through your attorney and the judge in your divorce case, who is responsible for dividing community property under NRS 125.150. We cannot buy a community-property house on one signature, and you should be cautious of anyone who says they can.
The house is titled in my name only. Is it mine to sell?
Not necessarily. In general, property acquired during the marriage is community property under NRS 123.220 regardless of whose name went on the deed, and there are exceptions written into the statute. Whether your house is community or separate property is exactly the question to put to a Nevada family law attorney before you sign anything.
I owned the house before we married. Does my spouse have any claim?
Property owned before the marriage is separate property under NRS 123.130. What happened afterwards can complicate it, for example paying the mortgage from joint income, refinancing, or adding your spouse to the title. Talk to a Nevada attorney about your specific history.
The decree gives me the house. Is my ex off the mortgage now?
No. A decree allocates responsibility between the two of you, but it does not bind the lender. The CFPB notes that a creditor can still collect from anyone named as a borrower. Removing a name generally takes a release from the lender or a refinance, which is why some couples choose to sell instead.
Will you work with both of us?
Yes, and on a community-property house we have to. We can meet you together or separately, or work through your attorneys. We do not take a side, we do not give legal advice, and how the proceeds are divided is set by your agreement or the court, not by us.
We have also fallen behind on the mortgage. Does that change anything?
It adds a second clock that runs whether or not the divorce is moving. If payments have stopped, read about missed payments and your options with the lender before you decide anything, and if a notice of default has already been recorded, the foreclosure timeline matters more than the divorce timeline.
What does it cost to talk to you?
Nothing. Looking at the house and giving you an offer is free and carries no obligation, and when we buy we cover the standard closing costs. If listing the house would serve you both better, we will say so and take no referral fee for it.
If payments on the house have already stopped, the lender’s timeline will not wait for the divorce. Our guide to falling behind on a Nevada mortgage covers what happens in the first months, and our foreclosure page picks up once a notice of default is recorded.
About this guide
Written by the team at Alex Buys Vegas Houses, a Henderson-based property solutions company that buys houses across the Las Vegas Valley and Boulder City. We work with Las Vegas Valley couples selling a shared home during a separation or divorce, including the appointments where the right answer is for one spouse to keep the house or for the two of them to list it.
Last reviewed September 2026. This is general information about Nevada's process, not legal advice — for advice about your specific situation, talk to a Nevada attorney or a HUD-approved housing counselor.
When we do buy, here is what that means
As-is, any condition
No repairs, no cleaning, no staging. Leave behind what you do not want.
No agent fees or commissions
You are selling directly to us, so there is no listing side to pay for.
We cover standard closing costs
The usual closing costs come out of our side of the table, not yours.
Close on your timeline
Days or months — you pick the date that actually works for you.
A local buyer, based in Henderson
We work across the Las Vegas Valley and Boulder City, and we come to the house. Not a national iBuyer, not an out-of-state fund.
No pressure, either way
The offer is free and carries no obligation. Decline it and we do not chase you.
Rated 4.6 out of 5 across 140+ Google reviews.
Tell us about the house
The address, and roughly where the two of you stand on it. Either spouse can start the conversation, and we will make sure the other is included before anything is signed. If you would rather talk it through first, call (702) 793-2582.