The house, handled.
Sell, keep, or buy out — clear numbers and neutral guidance for both of you.
Where to start
Usually the biggest asset.
Always the most personal.
The house holds the equity, the memories, and — if there are kids — the school year. Deciding its future deserves clear numbers and a calm process, not one more fight.
That's the part we take on. Sherwood & Company is the neutral real estate professional in the middle: both spouses get the same valuation, the same information, and the same updates, and we work alongside your attorneys or mediator so decisions about the house follow your agreement instead of running ahead of it.
We don't take sides, and we don't give legal advice. What we do is make one of the hardest decisions in a divorce easier to make — and then carry it out well, whether that means a sale, a buyout, or a plan to sell later.
Three paths
What happens
to the house?
Nearly every situation lands on one of these. We'll put real numbers on each, so you're comparing outcomes — not guesses.
Sell and Divide the Proceeds
A clean break. The house is prepared, marketed, and sold, and the net proceeds are divided the way your agreement or court order directs. Often the simplest route when neither of you can — or wants to — carry the home alone. Estimate what a sale would net.
One of You Buys Out the Other
One spouse keeps the house and pays the other for their share of the equity — usually by refinancing into one name. Know two things early: the spouse who stays has to qualify for the new loan alone, and a quitclaim deed takes a spouse off the title but not off the mortgage.
Keep It Now, Sell Later
Some couples hold the house for a set time — often so children can finish a school year — and sell afterward. It works when the agreement spells out who pays the mortgage, taxes, and repairs, and exactly when and how the sale happens. Waiting can change the tax picture, so bring your CPA in early.
How we work
Neutral
by design.
When two people who disagree about a lot have to agree on a house, the process matters as much as the price.
One set of numbers
A market analysis built from recent nearby sales, delivered to both of you together — so every conversation starts from the same facts.
No side channels
Updates, showing feedback, and offers go to both owners equally. If you'd rather not be on the same call or email thread, you don't have to be.
Alongside your attorneys
With your permission, we work with your attorneys or mediator on pricing, timing, and paperwork, so the sale lines up with your agreement or court order.
Paced to your agreement
Nothing goes on the market until both owners — or the court — say so. From there, we plan backward from the dates that actually matter to you.
Quiet when you need it
Not everyone wants a sale to be public on day one. A Compass Private Exclusive can market the home to a select audience before it goes public.
Ready, without the arguments
Repairs and staging can turn into one more negotiation. You get a short, prioritized list — what's worth doing and what isn't — plus staging guidance that keeps it simple.
How it works
Six steps,
no surprises.
From a first confidential conversation to the closing table, here's what working with us looks like.
One of you, both of you, or your attorney reaches out. We listen, walk through the options, and tell you plainly what we can and can't help with. No cost, no obligation.
We prepare a market analysis from recent sales and share it with both spouses. If your attorneys want a formal appraisal, we work alongside the appraiser.
Sell now, buy out, or sell later — each with an estimated bottom line, so the trade-offs are concrete instead of theoretical.
Once you've agreed — or the court has decided — how the house will be handled, we build the pricing, prep, and timeline around it. Both owners sign off before anything goes live.
A prioritized prep list, professional photography, and a launch plan that fits your privacy and your timing.
Every offer goes to both owners, and both of you sign. At closing, the net proceeds are paid out according to instructions you both sign — or held in escrow if your agreement or court order requires it.
Know the rules
What's different
in Massachusetts.
A few state and federal rules shape what's possible with the house. This is general information to help you ask better questions — your attorney and CPA apply it to your situation.
Fair, not necessarily equal
Massachusetts judges divide a divorcing couple's property equitably. They weigh factors such as the length of the marriage and each spouse's income, needs, and contributions — including as a homemaker — and can assign property no matter whose name is on the deed.
Read the statute ↗After filing, a sale takes both of you
Once a divorce complaint is filed, an automatic restraining order generally bars either spouse from selling, transferring, or borrowing against property without the other's written agreement or a court order.
Read the rule ↗Off the deed isn't off the mortgage
A quitclaim deed transfers ownership, but it doesn't remove anyone from the mortgage. That takes a refinance, a payoff, or a release from the lender — which is why a buyout usually starts with a lender conversation.
Taxes on the sale
Transfers between spouses as part of a divorce generally aren’t taxable, and each qualifying owner may exclude up to $250,000 of gain when a main home sells. Special rules can protect a spouse who moved out under a divorce or separation agreement.
Read Publication 523 ↗Legal and tax references last verified September 15, 2026.
A note on legal and tax questions: Sherwood & Company advises on real estate — valuation, marketing, and the sale itself. We are not attorneys or tax advisors, and nothing on this page is legal or tax advice. Decisions about a marital home carry legal and tax consequences that depend on your situation, so confirm any plan with your own attorney and CPA. We're glad to work alongside them.
Who you'll work with
Blake Sherwood
Vice President · Team Lead
Blake founded Sherwood & Company and holds the Residential Real Estate Divorce Specialist Certification and the Certified Residential Specialist (CRS) designation. With divorcing couples, his approach is simple: stay objective, explain everything, and set clear expectations before they're needed — so the house stops being one more source of stress.
617.833.0036 · blake.sherwood@compass.com
Request a Confidential ConsultationIn a client's words
“I’m very grateful I had Blake overseeing the sale of my property on the North Shore.
His interpersonal skills and understanding of everyone’s needs, timeline, and values were very important and allowed for a smooth process for what was a unique situation, in my case. His communication — whether it was via e-mail, text, or phone — was always speedy, clear and concise. He exhibits passion for the industry and the utmost care for his clients. He is honest, fair, knowledgeable and friendly.”
Questions we hear
Straight
answers.
Can we sell our house before the divorce is final in Massachusetts?
Yes, and many couples do. If you're both on the title, you'll both sign the listing agreement, the purchase and sale agreement, and the deed. Once a divorce complaint has been filed, Massachusetts' automatic restraining order generally means a sale needs both spouses' written agreement or a court order, so most couples put the plan in writing with their attorneys first.
Does my spouse have to agree to sell the house?
In almost every case, yes. Every owner on the title has to sign to sell, and even a house in one spouse's name alone can be assigned to either spouse in the divorce. If you can't agree, the court can decide what happens to the home. We can't settle a disagreement, but giving you both the same clear information often makes agreement easier.
Who do you represent when a divorcing couple sells?
When you sell together, you are both our clients on a single listing, and we treat you identically: same information, same updates, same say. We don't take sides in the divorce. If one spouse is buying out the other, the roles are different, and we'll talk through what representation makes sense before any work begins.
How is a house valued in a divorce?
Two tools are common. A comparative market analysis from a real estate agent estimates what the home would likely sell for today, based on recent nearby sales. An appraisal by a licensed appraiser is a formal opinion of value that attorneys and courts often rely on when the number is disputed. Many couples use both; we prepare the first and work alongside the appraiser on the second.
Can one of us keep the house?
Yes, through a buyout: the spouse who stays pays the other for their share of the equity, usually by refinancing the mortgage into their own name. The staying spouse has to qualify for that loan on their own. A quitclaim deed alone takes the other spouse off the title, but not off the mortgage.
Is there a deed tax when one spouse deeds the house to the other?
The law isn't settled. Massachusetts has no specific deed excise exemption for divorce, and Registries of Deeds generally record a deed between spouses made under a divorce without tax stamps when the deed says so and lists the court and docket number. But the Department of Revenue's only published ruling on a spousal buyout applied the excise to the amount paid for the departing spouse's share, and how the buyout is paid for can change the answer. Have your attorney decide how the deed is written and whether stamps are needed.
Will we owe capital gains tax when we sell?
It depends on your gain and your circumstances. Each qualifying owner can generally exclude up to $250,000 of gain on the sale of a main home, or $500,000 for a married couple filing jointly, and IRS rules include special provisions for a spouse who moved out under a divorce or separation agreement. Transfers between spouses as part of a divorce are generally not taxable, but the spouse who receives the house keeps its original tax basis, which matters when it is eventually sold. Confirm your situation with a CPA before you decide.
Will you work with our attorneys or mediator?
Yes. With your permission, we share valuations, marketing plans, offers, and timelines with counsel or your mediator, so the sale stays in step with your agreement or court order.
Is reaching out to you confidential?
Yes. An inquiry from you stays between you and us, and we won't contact your spouse unless you ask us to. If you later decide to sell together, information about the house is shared with both of you equally from that point on.
Get in touch
Talk it through, confidentially
Start with the property address and we'll follow up discreetly, with no obligation. Prefer to talk first? Call Blake at 617.833.0036.