Virginia

What Each Spouse Gets From a Divorce Home Sale in Virginia

This page covers Virginia law only.

A net sheet shows what a Virginia divorce home sale puts in each spouse's pocket after the mortgage, commission, closing costs, and repairs. Carrying costs come on top. Run it before you list. The sale price is not your number. The net is.

By Marc Cormier

Licenses: Maryland #620443 | Virginia #0225175181 | DC #SP98365998 | Berkshire Hathaway HomeServices

27+ years in real estate. 800+ closed transactions.

Certified as a Certified Divorce Real Estate Expert (CDRE) in 2014.

Last updated: October 2, 2026

On this page

What is a divorce net sheet?

A net sheet lists every dollar that comes out of the sale price. What is left is the net. You and your spouse split the net as your written agreement says, or as the court decides.

A worked example

Round numbers for teaching. Your house will differ.

Line	Amount
Sale price	$750,000
Mortgage payoff	minus $300,000
Commission at an example rate of 6% ($750,000 x 0.06)	minus $45,000
Closing costs	minus $8,000
Repairs	minus $14,000
Net before taxes	$383,000
Even split ($383,000 divided by 2)	$191,500 each

The 6% is an example rate. Commission is negotiable.
Virginia Code section 20-107.3 divides marital property by listed factors and states no fixed percentage. The even split is arithmetic for teaching. Your agreement or the court sets the share.

Carrying cost: a separate note

Carrying cost is not inside the $383,000 net above. It is the monthly bill while the house sits: mortgage interest, taxes, insurance, and utilities. At $3,500 a month:

Months on the market	Carrying cost
3 months	$10,500
4 months	$14,000
6 months	$21,000
12 months	$42,000
18 months	$63,000

Subtract the carrying cost for your timeline from the net before you decide anything. The stress test below does exactly that.

What the example leaves out

Transfer and recordation taxes. These taxes exist for some sales. Ask your title company whether they apply to your sale and who pays. This page names no rate and no exemption.
Capital gains tax. See the capital gains post: /divorce-real-estate-guide/virginia/blog/capital-gains-tax-selling-marital-home-virginia/
Payoff extras: late fees, liens, a second mortgage, or a home equity line. Ask each lender for a payoff letter.
Attorney fees and court costs. Your attorney tells you the number.
Moving costs.
Anything one spouse paid since the filing date that your agreement says gets repaid.

Does the net still work if the sale goes badly?

Stress test the same house. Every line is shown.

Expected case: sale at $750,000, 6% commission, $8,000 closing, $14,000 repairs, 4 months of carrying cost at $3,500.
Bad case: sale price 5% lower, commission at 6% of that lower price, $8,000 closing, $19,000 repairs (a $5,000 overrun), 6 months of carrying cost at $3,500.

Line	Expected case	Bad case
Sale price	$750,000	$712,500 (5% lower)
Mortgage payoff	minus $300,000	minus $300,000
Commission at an example rate of 6%	minus $45,000	minus $42,750 (6% of $712,500)
Closing costs	minus $8,000	minus $8,000
Repairs	minus $14,000	minus $19,000 ($14,000 plus $5,000 overrun)
Carrying cost at $3,500 a month	minus $14,000 (4 months)	minus $21,000 (6 months)
Total costs and payoff	minus $381,000	minus $390,750
Net after carrying cost	$369,000	$321,750
Even split per spouse	$184,500 each	$160,875 each
Difference in total		$47,250 less
Difference per spouse		$23,625 less

The expected net is $369,000, not $383,000, because this table adds $14,000 of carrying cost that the worked example above leaves out. $383,000 minus $14,000 is $369,000.

The lesson: a 5% price miss, a $5,000 repair overrun, and two extra months of carrying cost take $47,250 from the two of you in this example. That is $23,625 from each spouse. Overpricing does not buy you more money. It buys you carrying costs.

Who pays what while the house is listed?

Decide this in writing before you list.

Who pays the mortgage, taxes, insurance, and utilities each month
Whether that spouse gets repaid from the proceeds
Who approves repairs and staging, and the dollar cap
Who approves price drops, and how long you wait before one
What happens if you get an offer below your floor price

Your attorney puts this in the agreement.

How the money gets split

The sale pays off the mortgage and the costs first.
The remaining proceeds go where your written agreement or the court's order says.
Ask your title company and your attorney who holds the proceeds while the divorce is open and when each spouse is paid. Put the answer in your agreement before you list.

Where net sheets go wrong

Using an online estimate or the neighbor's price. A neighbor's price tells you nothing about your condition.
Leaving out carrying costs. Four months at $3,500 is $14,000.
Leaving out taxes. The bill comes after you spend the money.
Assuming a 50/50 split. Virginia Code section 20-107.3 states no fixed percentage.
Running one number. Run three: good case, expected case, bad case.
Pricing with emotion. Emotion costs people money.

Local note for Northern Virginia: The Fairfax Courthouse Self-Help Resource Center is a walk-in resource open to the public at 4110 Chain Bridge Road, Suite 115 (1st Floor), Fairfax, VA 22030, Monday to Friday, 8:00 AM to 4:30 PM, closed holidays. It gives information about court procedures, forms, legal resources, and referrals to legal aid. It does not give legal advice. Source: https://www.fairfaxcounty.gov/topics/courthouse-self-help-center

The buyout version (if one spouse wants to keep the home)

Value $600,000. Mortgage $250,000.

Line	Amount
Home value	$600,000
Mortgage balance	minus $250,000
Equity	$350,000
Even split buyout ($350,000 divided by 2)	$175,000

The spouse who keeps the home also refinances, pays loan closing costs, and carries the house alone.
Ask a lender first. The lender decides if the keeping spouse qualifies alone.

Compare this to a sale before you decide. Nobody should pick based on pride.

If keeping the home does not work, here is how a divorce sale runs.

Common questions about the net sheet

Q1. What is a net sheet?

A. A net sheet lists every dollar that leaves the sale price before anyone is paid. The mortgage payoff, the commission, the closing costs, and the repairs come out first. What remains is the net. Carrying costs, taxes, and attorney fees sit on top of that. Argue about the net, never the price.

Q2. Who pays the agent in a divorce sale?

A. On a net sheet the commission is a deduction from the sale price. The rate is negotiable, and 6% is only an example rate. Put the rate in writing before you list. Agree in writing who approves any change to it. Your attorney decides how the commission affects each spouse's share under your agreement.

Q3. Can one spouse get repaid for the mortgage payments?

A. Only if your written agreement or a court order says so. Write down who pays the mortgage, taxes, insurance, and utilities each month. Write down whether that spouse is repaid from the proceeds. Settle both points before you list. Ask your attorney to check the wording before either of you signs.

Q4. Do I owe tax on the sale?

A. IRS Topic no. 701 says you qualify to exclude up to $250,000 of gain from income, or up to $500,000 if you file a joint return with your spouse. You must pass the ownership and use tests. Often the bill is smaller than people fear. Sometimes it is larger. Your CPA runs your numbers.

Q5. Does the net sheet include transfer or recordation tax?

A. These taxes exist for some sales. Ask your title company whether they apply to your sale and who pays. This page names no rate and no exemption. Get the answer in writing before you list, then add that line to your net sheet so the number you argue about is the real one.

Q6. How much does waiting cost?

A. Carrying cost is the monthly bill for a house nobody lives in comfortably. At $3,500 a month, three months costs $10,500 and six months costs $21,000. Twelve months costs $42,000. Every month on the market takes money from both spouses, so price the house to sell and agree on price drops in writing.

Do you need a divorce attorney?

You should have your own. I am a real estate agent. I do not give legal advice, and I do not work for one spouse against the other.

I am not affiliated with any law firm. I do not recommend one attorney over another. Your spouse needs their own attorney, not yours.

If you need to find one, start here:

Virginia Judicial System Self-Help, Find a Lawyer (lists the Virginia State Bar Lawyer Referral Service, 1-800-552-7977)

Links open in a new tab.

What an attorney handles	What I handle
Who gets the house and the money	The value of the house
The marital settlement agreement	The net sheet
Court orders that affect the sale	Listing, showings, offers, and closing
Custody, support, and everything outside real estate	A written record of every showing and decision

General information only. Not legal, tax, or financial advice. The referral service is independent of me. I do not guarantee any attorney's work or results.

Marc Cormier

Licenses: Maryland #620443 | Virginia #0225175181 | DC #SP98365998 | Berkshire Hathaway HomeServices

Co-author of "Cracking the Real Estate Code," a best seller in four Amazon categories on release day, September 2013.