Montco Selling a house during a divorce in Pennsylvania
In a Pennsylvania divorce, a home bought during the marriage is presumed to be marital property, whoever's name is on the deed, and the court divides marital property fairly, not necessarily 50/50 (23 Pa.C.S. §3501, §3502). If both spouses are on the deed, both normally have to sign to sell.
Is the house marital property?
Property either spouse acquired during the marriage is presumed marital, regardless of how title is held (23 Pa.C.S. §3501). Exceptions include property owned before the marriage, gifts and inheritances from third parties, and property excluded by a valid agreement. An increase in value of some non-marital property can still be marital.
The court divides marital property "equitably," weighing factors such as the length of the marriage, each spouse's income and contributions, and the tax consequences, without regard to marital misconduct (§3502).
Can one spouse sell the house alone?
If both spouses are on the deed, both generally have to sign. Married couples in Pennsylvania usually hold title as tenants by the entireties, where neither spouse can sell alone. If one spouse looks likely to sell, borrow against or hide property to defeat the divorce, the court can issue an injunction, and a transfer for far less than it's worth can be undone (§3505). After the divorce, entireties property becomes a tenancy in common in equal halves, and either ex-spouse can ask the court to order a sale (§3507).
Talk with your divorce attorney before you list.
Common ways couples handle the house
| Approach | How it works |
|---|---|
| Sell and split the proceeds | Both sign; proceeds divided as agreed or ordered |
| One spouse buys the other out | Usually requires refinancing in that spouse's name |
| One spouse stays for a while | Sale deferred by agreement, e.g. until children finish school |
| Sell as-is | When neither spouse can fund repairs or wants a long listing |
Taxes on the sale
The federal home-sale exclusion (up to $250,000, or $500,000 on a joint return) has two divorce-specific rules (26 U.S.C. §121(d)(3)):
- If your spouse or ex-spouse transferred the home to you as part of the divorce, you count their ownership time as yours.
- If you still own the home but your spouse or ex-spouse lives there under a divorce or separation agreement, you're treated as using it as your residence during that time.
Pennsylvania has its own exclusion rules, covered in costs and taxes of selling a house in PA.
Common questions
Is the house marital property if only one spouse is on the deed?
If it was acquired during the marriage, it's presumed marital in Pennsylvania regardless of whose name is on the title (23 Pa.C.S. §3501). Exceptions include property owned before marriage and inheritances.
Can my spouse sell the house without my signature?
If both of you are on the deed, both generally must sign. The court can also stop a spouse from selling or hiding marital property to defeat the divorce (23 Pa.C.S. §3505).
Does Pennsylvania split the house 50/50 in a divorce?
Not automatically. Pennsylvania divides marital property equitably, weighing factors like the length of the marriage and each spouse's income (23 Pa.C.S. §3502).
Can I keep the home-sale tax exclusion if I moved out?
Possibly. If your spouse or ex-spouse lives there under a divorce or separation agreement, federal law treats you as using it as your residence (26 U.S.C. §121(d)(3)). Ask a tax professional.
Sources: 23 Pa.C.S. §3501, §3502, §3505, §3507; 26 U.S.C. §121. Checked November 15, 2026.