Automatic orders come first

In New York, filing for divorce triggers automatic orders that generally restrict either party from transferring, encumbering or disposing of property without consent or a court order. Before any sale conversation, both attorneys need to be aware and, depending on the situation, the court may need to be.

This is not a formality. A contract signed in violation of those orders creates a much larger problem than the one it was meant to solve.

Three structures, three sets of tradeoffs

Buyout

One spouse refinances into their own name and pays the other their share. Requires that spouse to qualify alone and requires an agreed value. Keeps the home; concentrates the risk.

List and split

Highest likely proceeds. Requires ongoing cooperation on price, showings, offers and repairs, over months. Works when the relationship can sustain it.

Direct sale

One price, one date, no showings, no repair negotiation. Nets less than a strong retail sale, but reduces the decisions requiring agreement to essentially one.

Valuation disputes

The most common stalemate is two different numbers: one spouse's agent says one thing, a buyer says another, and neither party trusts the source the other found. The clean solution is a licensed appraiser, ideally jointly retained or court-appointed.

A cash offer is not an appraisal, and no buyer's evaluation should be presented as one. If a number is going to be argued about in a legal proceeding, it should come from someone licensed to produce it.