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Selling your home after divorce? Here is your MA document checklist

On Behalf of | Feb 26, 2025 | Real Estate Transactions |

Life changes after divorce often call for fresh starts. Whether you are looking to downsize, relocate or simply separate shared assets, selling your home might be the next logical step. While this decision brings its own set of emotions, having the right documents ready can make the process much smoother. Think of this checklist as your roadmap to a successful home sale.

Essential court documents

Your final divorce decree comes first. It is the document that proves you have the legal right to sell the property. If you are still going through a divorce, you might need a specific court order allowing the sale. Keep certified copies of these documents close at hand.

Property ownership papers

Your current deed tells the story of how the property is titled between you and your ex-spouse. Your property document file must contain:

  • The original purchase agreement
  • Current mortgage statements
  • Any refinancing documentation
  • Property tax records

These documents establish your property’s financial history and current status, which is essential for a successful transaction.

Special considerations for joint ownership

For properties under joint ownership, the following additional documents are necessary:

  • Written agreement from your ex-spouse to sell
  • Documentation showing how proceeds will be split
  • Power of attorney (if your ex-spouse cannot be present at closing)

Having these items prepared in advance can help prevent potential delays and disputes during the sale process.

Additional documentation

A complete file should also include these important items:

  • Recent property appraisal
  • Home inspection reports
  • Records of any major repairs or improvements
  • Proof of paid property taxes
  • Current homeowner’s insurance policy

These records provide prospective buyers with essential details about your property’s condition and background, facilitating a more efficient sales process for all involved parties.

Moving forward

While this checklist covers the basics, every divorce situation has its own unique aspects. Real estate transactions during divorce often come with complex legal considerations that might not be obvious at first glance. Working with an experienced real estate lawyer can help protect your interests and make the process smoother.

Remember, good preparation today paves the way for a better tomorrow.