Selling Property During Divorce: Rules and Precautions

The separation of a couple is a complex life stage where emotional stakes often clash with asset management requirements. Contrary to popular belief, divorce proceedings do not automatically freeze your assets. It is entirely possible to sell a primary or secondary residence before the final judgment is issued. However, signing a sales agreement in this context follows strict rules to protect both spouses and the buyer.

Can you sign a sales agreement before the divorce is finalized?

The principle is simple: selling is possible and even common to facilitate the liquidation of the matrimonial regime.

The essential condition: Mutual agreement

The agreement of both spouses is mandatory to validate any transaction. This rule is absolute for the family home, regardless of your matrimonial regime. Under Article 215 of the French Civil Code, spouses cannot dispose of the rights ensuring the family's housing without each other's consent. Even if the property belongs to only one spouse, the protection of the family home requires the partner's consent for the sale.

Key points of vigilance when signing the agreement

Who must sign?

A dual signature guarantees the validity of the deed. During divorce, every step, from the sales mandate to the final deed, must be validated by both parties. In the case of a converted villa or a property held in joint possession, each party's shares must be respected and confirmed from the initial agreement.

The sale price: The importance of an objective valuation

In a tense context, the sale price often becomes a point of friction. One spouse may fear a "bargain" sale due to haste, while the other fears an overpriced property blocking the sale. A precise valuation is key to achieving consensus and preventing any party from feeling aggrieved, which could paralyze the process at the notary's office.

Handling of funds (Escrow)

It is crucial to understand that the sale does not mean immediate availability of funds. The proceeds are generally held in escrow by the notary. The funds will first be used to repay any outstanding loans, and the remainder will be shared during the final liquidation of assets.

The importance of a trusted partner for a successful sale

Managing the sale of a prestigious property in Le Bouscat, Chartrons, or Jardin Public requires a tailored approach.

• Neutrality: A BARNES consultant acts as a technical mediator, avoiding direct confrontations during viewings.
• Discretion: In the Bordeaux market, confidentiality is paramount to maintain the property's value in front of professionals and buyers.

If you are considering selling your apartment in the Triangle d'Or or your family home in Le Bouscat while divorce proceedings are underway, do not face this complexity alone. Contact our real estate agency in Bordeaux without delay. As trusted partners, our consultants will value your property accurately and ensure a serene transaction. They will also be able to give you the latest trends in real estate in Bordeaux.

To start your process, you can request a confidential valuation or contact our real estate agencies in the Bordeaux region.