Selling a House During a Divorce in Charleston
When a marriage ends, the house is often the biggest decision left. A cash sale gives you one offer, one closing date and no showings to coordinate, so you and your attorneys can settle the house and move on.
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Why some couples choose a cash sale
Listing a house during a divorce means agreeing on a list price, keeping it show-ready, deciding on repairs and waiting. Single-family homes in Charleston County took a median 49 days from listing to contract in September 2026, and often another month to close (Charleston Trident Association of Realtors MLS data, September 2026). Every month adds another mortgage payment, insurance bill and argument about who pays.
A cash sale is simpler. There is one number to agree on, no repairs and a closing date you pick together:
- A written cash offer within 24–48 hours of seeing the house or getting the details we need.
- Close in as little as 7–14 days when the title is clear. You pick the closing date, and later is fine too.
- No fees or commissions, and we pay the closing costs. You still pay off your own mortgage, liens, past-due taxes and HOA balances from the sale proceeds, and property taxes are prorated at closing.
- We buy as-is: no repairs, no cleaning, and you leave what you don't want.
What South Carolina law says about the house
Keep your attorney close on this. A few general points apply to most Charleston-area divorces:
- Marital property. Once marital litigation is filed, property acquired during the marriage is marital property regardless of how legal title is held, and each spouse has a "vested special equity" in it (SC Code §§20-3-610, 20-3-630). A house bought during the marriage in one spouse's name may still be marital property.
- Dower is abolished. South Carolina abolished dower and curtesy in 1986 (amending §21-5-10) after Boan v. Watson (1984). A spouse who isn't on title has no dower right to release, but the marital property rules above still apply.
- Signatures. Everyone on title signs the deed. If a divorce is pending, the closing attorney will likely want both spouses' signatures or a family court order. Your attorney will confirm whose signatures are needed.
- Disclosure. Transfers between spouses under a divorce decree or marital property order are exempt from the SC disclosure statement, but a sale to a third party, including us, isn't. The form is completed, or both sides agree in writing not to complete it. Homes built before 1978 also need the federal lead-paint disclosure.
This is general information, not legal or tax advice. Coordinate any sale with your divorce attorney before you sign a contract, and ask a CPA about the tax side of the sale.
How a sale works when you're divorcing
Talk to your attorneys
Confirm that a sale is allowed now, who must sign and how the proceeds will be handled.
Get our written offer
We see the house or get the details we need and send a written cash offer within 24–48 hours. Both spouses can see the same offer at the same time.
Pick a closing date
As little as 7–14 days when the title is clear, or later if your case needs time for a court order.
Close at an attorney's office
A licensed SC attorney handles or supervises the title search, closing and recording. Each spouse can have their own attorney.
We're the buyer. We don't put your house under contract and shop it to someone else, so there's no second buyer to wait on. Our guide to SC attorney closings explains what happens at the closing table, and how it works covers our process step by step.
Agreeing on a number
The price is often the hardest part. We explain how we got there: the as-is condition, our repair estimate, comparable sales and what we need to resell. Our cash offer will usually be less than what you might get listing with an agent after repairs. That's the trade for speed, certainty, no repairs and no fees. Use our cash offer vs. listing calculator to compare, and feel free to get an agent's opinion too.
Running the numbers on both paths can take some heat out of the conversation. Put the likely list price into the calculator with commissions, repairs and months of carrying costs, then compare that net with our written offer. For more on how we arrive at an offer, read how cash offers are calculated.
If one of you is moving for work, see our page on selling when relocating. If payments have already fallen behind, read facing foreclosure and talk to a HUD-approved counselor.
We buy houses across the Charleston area, including:
Divorce and the house: questions
Can I sell my house during a divorce in South Carolina?
Often, yes, with the right signatures. Everyone on the title signs the deed, and if a divorce case is pending, the closing attorney will likely want both spouses' signatures or a family court order. Restraining orders in the case can also matter. Your divorce attorney and our closing attorney will confirm what's required before you sign a contract.
Can one spouse sell the house without the other?
Usually not while a divorce is pending. Property bought during the marriage is generally marital property regardless of whose name is on the title once marital litigation is filed, and each spouse has an interest in it. Even if only your name is on the deed, talk with your attorney about whose signatures or what court order is needed.
Does my spouse need to sign away dower rights?
No. South Carolina abolished dower and curtesy in 1986, after the state Supreme Court found dower unconstitutional in 1984. That old step is gone. The marital property rules still apply during a divorce, though, so your attorney will tell you whose signatures the sale actually needs.
How are the proceeds split when we sell during a divorce?
That is decided by your agreement or the family court, not by us. At closing, the mortgage and any liens are paid first, and the closing attorney handles the rest as the parties and their attorneys direct. Ask your divorce attorney how the proceeds should be handled before closing.
Ready for a no-obligation cash offer?
Tell us about the house. We usually reply the same day, and you choose the closing date.