Can A Judge Force You To Sell Your House In A Divorce In Indiana?
Understand What the Law Says - And What You Can Do to Stay in Control
What You Need To Know
And What You Can Do If You're Worried About Losing Your Home
Divorce is hard. You're dealing with a lot—stress, paperwork, lawyers, maybe even children in the mix. And now you're worried about the house.
You might be asking yourself:
- “Can the court really make me sell it?”
- “Do I get to decide what happens to my home?”
- “What if I can’t afford to move?”
If you’re feeling confused, frustrated, or just plain stuck - you’re not alone. This is one of the most common questions we hear from people going through divorce in Indiana.
The good news?
You do have options. And the more you understand them now, the better chance you have of keeping some control over what happens next.
Let’s break it down.
The Short Answer (In Plain English)
Yes - a judge can make you sell your house. But not always
In Indiana, if you're getting divorced and you and your spouse can't agree on what to do with the house, the court might step in and decide for you. That means a judge could order the house to be sold -especially if neither of you can afford to keep it on your own.
But here’s something important:
The judge can’t force you to sell the house right away or during the early part of the divorce. That only happens at the end, when everything gets sorted out in the final divorce order.
So if you're still in the middle of the process, there’s time to make a plan and avoid that outcome.
When Would A Judge Make You Sell the House?
It usually happens when there’s no other option.
If you and your spouse don’t agree on what to do with the house, the judge has to step in and make the decision for you. This usually means selling it and splitting the money between you.
Here are some common reasons a judge might order the sale:
Neither of you can afford the house alone – Maybe the mortgage is too much for one person to handle.
There’s too much arguing – If you both want the house and won’t budge, the court may just decide to sell it and be done.
Selling is the only fair option – If keeping the house doesn’t make sense financially, the judge might see a sale as the fairest way to split things.
Remember: judges don’t want to take your home away just to be cruel. They’re trying to divide things in a way they see as “fair.” But that doesn’t always mean it’s what you want.
That’s why it’s important to understand your options before it gets to that point.
What This Means for You
If you want to stay in the house—or just avoid a forced sale—this part’s important
When a judge makes the decision for you, you don’t get much say. That means you could end up having to sell the house, even if you’re not ready, even if you don’t want to.
But here’s the good news:
You might not have to go that far
If you take action early - before the court steps in - you may still have options to:
Stay in the house
Buy out your spouse’s share
Or agree to a sale that’s on your terms, not the court’s
The key is not waiting too long. The further along your divorce goes without a plan for the house, the more likely it is the judge will decide for you.
Your Options (Before The Court Steps In)
You may have more control than you think
If you and your spouse can agree on what to do with the house before the judge makes the decision, things get a lot easier. Here are some common options people choose:
One of you keeps the house
If one person can afford the mortgage, they might buy out the other person’s share. This keeps the house in the family and avoids a sale.
You sell the house together
You both agree to sell the house and split the money in a way that feels fair. You avoid court drama, and you get to choose how and when it happens.
You sell the house to a homebuyer like us
If the house needs repairs, or you just want a quick, simple way out, you can sell it directly—no agents, no waiting, no fixing things up.
The bottom line:
If you and your spouse can work something out yourselves, you’ll save time, stress, and money. And you’ll get to make the decision—not the judge.
Selling the house helped me move on faster.
YDL made it simple, and I didn’t feel pushed at all. They were great in an otherwise very stressful situation.”
– Linda M, Fort Wayne
Why Some People Decide To Sell The House
Sometimes, letting go is the easiest way to move forward
We get it - selling your house during a divorce is a big deal. But for some people, it ends up being the best choice. Here’s why:
It’s one less thing to argue about
Divorce is stressful enough. Selling the house can help avoid long fights over who gets what.You get a clean break
If the house has painful memories, letting it go can help you start fresh.You split the money and move on
Selling the house gives both sides some cash to start over, whether that’s renting, buying something smaller, or just having breathing room.You avoid court decisions
When you agree to sell, the judge doesn’t have to step in—and that means you stay in control.
Some people stay. Some people sell. What matters is doing what’s right for you—and knowing your options before the court decides for you.
How YDL Homes Can Help
We help people in tough situations - without pressure, judgement, or games
At YDL Homes, we buy houses in Indiana directly from homeowners - fast, simple, and stress-free.
Here’s how we help:
No repairs or cleaning – We buy your house as-is, no matter the condition.
No agents or fees – You won’t pay commission or closing costs.
You choose the timeline – We work on your schedule, whether you need to sell fast or take your time.
No pressure – We’ll give you an offer, but you’re never locked in or rushed.
We’re a local, family-run business, and we understand this isn’t just a house - it’s your home, your peace of mind, your future. Our goal is to help you move forward with clarity and dignity.
Want to learn more or just talk through your options? We're here to listen and find a solution for you.
Feeling Stuck? Let’s Talk It Through
No pressure. No judgement. Just honest help.
Get in touch today
We’ll give you clear, simple information - and if it feels right, we’ll make you a fair offer.
Calls Us On (317) 747-2175
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Sometimes, just having a conversation is the first step toward peace of mind.
If you’re going through a divorce and don’t know what to do about the house, you don’t have to figure it out alone. We’re here to listen, answer your questions, and help you understand your options - even if you’re not ready to sell.
There’s no cost to reach out, and no strings attached.
Just real answers from real people who understand what you're going through.
Frequently Asked Questions
Simple answers to the things people ask us most
Can I sell the house without my spouse’s permission?
Usually, no. If both names are on the title or mortgage, both people need to agree. If only your name is on it, the court may still want both sides involved if you're going through a divorce.Enter description text here.
What if we both want to keep the house? element
If you can’t agree, the judge might decide for you - which often means the house gets sold. It’s better to work something out before it gets to that point
Do I have to fix up the house before selling it?
Not with us. We buy houses as-is, no repairs, no cleaning, no hassle.
What if I’m already in the middle of the court process?
That’s okay. You can still reach out. Sometimes selling the house before the final divorce order can make things simpler and help avoid a judge stepping in.
Is talking to you going to cost me anything?
Nope. Just a conversation. No fees, no pressure, no obligation. We’re here to help you understand your options.
Need to ask something else? We’re happy to talk - just reach out
