Yes, but it’s complicated. In Utah, once a divorce petition is filed, Standard Family Law Restraining Orders automatically go into effect. These orders prevent either spouse from selling, transferring, or disposing of property, including a shared home, without a court order or mutual agreement.

A court-approved stipulation and order is usually required to sell a home during an active divorce. This agreement outlines the terms of the sale and becomes legally enforceable. Legal experts often recommend involving a divorce attorney to ensure both parties are protected during this process.

According to experts, such agreements should cover key details like:

• Whether the real estate agent is mutually agreed upon

• How listing prices and price reductions will be decided

• Who will communicate with the agent and review offers

• How the proceeds will be divided or applied toward debts

• Whether there are any reimbursement claims for separate property contributions

Should You Sell the House Before Filing for Divorce?

If both spouses agree, selling the house before filing for divorce can simplify everything. It avoids legal restrictions, eliminates the need for court approval, and reduces emotional stress.

This option is especially attractive if:

• You need to free up cash quickly

• You want to split the proceeds without lengthy legal proceedings

• Neither spouse plans to keep the home

Working with a cash home buyer can make this process even smoother. Cash buyers eliminate the delays of traditional sales, no appraisals, repairs, or buyer financing issues. The house can be sold in days, not months.

We Buy Utah Houses Fast, Even in Divorce

At Enlight Homebuyers, we understand how sensitive and urgent this process can be. We’ve helped many Utah residents sell their homes quickly and fairly during difficult life transitions. You don’t need to deal with open houses, negotiations, or realtor fees. We’ll make you a cash offer and close on your timeline, before or during the divorce process.