The Reality of Selling a Home ‘As-Is’ in a Divorce: What You Need to Know

Reaching an agreement in a contested divorce can feel nearly impossible—especially when it comes to selling the house. After exhausting negotiations, one spouse finally relents, saying, “Fine, I’ll list it, but I’m not spending a dime or lifting a finger. It sells as-is.”

That language makes its way into the court order: “The property at 123 Main Street shall be listed for sale immediately. It will be sold as-is, with no repairs made.”

Soon after, both parties show up in my office with the order in hand, eager to remind me: “We don’t have to do anything—it says ‘as-is!’”

Technically, yes, a home can be sold as-is. Outside of legal requirements, buyers can’t force sellers to make repairs. However, this approach significantly affects both the home’s value and its ability to sell.

As a Certified Divorce Real Estate Expert (CDRE), my role is to maximize the value and equity in the property. A home’s cosmetic condition—cleanliness, paint, flooring, landscaping, and decor—has a huge impact on how many buyers are interested, how many offers come in, and the quality of those offers.

Beyond aesthetics, hidden issues such as a worn-out roof, faulty electrical wiring, termite damage, or plumbing problems tend to surface during inspections. When buyers uncover these problems, they usually request repairs, credits, or a price reduction. If no agreement is reached, they may walk away, leaving the house back on the market.

Market conditions play a big role in how these situations unfold. In a competitive, multiple-offer market, buyers will go to great lengths to secure a home—sometimes even waiving inspections or agreeing to purchase without repair requests. However, that’s not the market we’re in today. Right now, buyers are paying close to asking price, but they are also insisting on inspections and negotiating for necessary fixes or credits.

If a seller refuses to address these concerns and the deal falls through, the inspection report now becomes a required disclosure for future buyers—potentially reducing the home’s marketability even further.

This is where the reality of an “as-is” sale hits: Sellers often don’t anticipate how much their bottom line may be affected by deferred maintenance. While they may not be required to pay for repairs upfront, the home’s condition inevitably impacts its final sale price. Divorce-related properties often suffer from neglect, and that can translate to significant financial consequences—either before listing or during negotiations with buyers.

The key takeaway? Never assume an estimated net proceeds figure until the deal is done.

My priority is to help sellers get the most value possible from their property. If you have any questions about the sale of real estate in a divorce case, don’t hesitate to reach out—I’m here to help.