The house is usually the biggest asset in an Arkansas divorce and the one most likely to stall the whole agreement. Here’s how the law treats it, what each option really costs, and what to do if the house needs to turn into cash quickly.
Arkansas is an equitable-distribution state with an unusually strong default: the statute says marital property “shall be distributed one-half to each party” unless the court finds that would be inequitable, considering things like the length of the marriage, each spouse’s age, health, income, and contributions (including as a homemaker), and what each brought into the marriage.
Marital property is generally everything acquired during the marriage, regardless of whose name is on it. Non-marital property — what you owned before the wedding, or received by gift or inheritance — is generally returned to the spouse who owns it, though the court can still make a different division if it finds that fairer. A house one spouse owned before the marriage can get complicated if marital money paid the mortgage or funded a remodel; that’s attorney territory.
You don’t have to wait for the decree. If both of you agree to sell, you sign the contract together, the title company pays off the mortgage and any liens at closing, and the net proceeds are either split at the closing table (if your agreement says so) or held in an attorney’s trust account until the judge signs off. If one spouse refuses to cooperate, the court can order the sale — but that takes months, so it’s worth a serious attempt at agreement first.
Two practical tips from the closings we’ve done: pick a buyer who can close on a fixed date so neither of you is carrying the payment longer than necessary, and keep every communication about the house in writing between the attorneys.
A lot of divorcing couples fall behind because one income is now covering a two-income mortgage. Arkansas lenders can sell the house 60 days after recording a notice of default, and a foreclosure hurts both of you. If that’s where things are, read how long foreclosure takes in Arkansas and call us before the sale date — a cash sale can close before the auction and still leave you both with something to split.
Best Flipping Friends is a neutral cash buyer. We make one written offer that both spouses and both attorneys can see, close on a date you both agree to, pay the closing costs, and add up to $5,000 in moving assistance. Nobody has to do repairs or sit through showings. And because I’m a licensed Arkansas Realtor, I’ll show you the listing number too, so you can choose with real information. Free and confidential.
No. Arkansas is an equitable-distribution state, but the statute starts from a presumption that marital property is divided equally — one-half to each spouse — unless the court finds an equal split would be inequitable after weighing factors like the length of the marriage, each spouse’s income and contributions, and health. In practice, most houses are treated as 50/50 marital property.
Less than people think. A house bought during the marriage is generally marital property no matter whose name is on the deed. Whose name is on the mortgage matters for a different reason: the lender can pursue anyone who signed the note, regardless of what the divorce decree says. That’s why the spouse who keeps the house usually has to refinance.
Yes, if both spouses agree (both have to sign if both are on the title) or if the court orders a sale. Arkansas requires a 30-day wait after filing before a divorce can be granted, and many couples use that time to get the house under contract. Proceeds are often held in an attorney’s trust account until the decree says how to split them.
Then a normal sale won’t pay off the loan. Options include a short sale (the lender agrees to take less), one spouse keeping the house and the payment for now, or a creative sale such as a subject-to purchase where a buyer takes over the payments. Talk to your attorney before agreeing to anything that leaves your name on the mortgage.
Usually not. If the house was your main home for two of the last five years, a married couple filing jointly can exclude up to $500,000 of gain, and a single filer up to $250,000. Timing the sale relative to the divorce and your filing status can change which number applies, so check with a CPA before you pick a closing date.
Free, confidential, no pressure. Tell us the situation and we’ll tell you which option we’d pick — and give you a written cash offer within 24 hours if selling is it.
(870) 729-8704Call or text Justin directly, or tap “Get Offer” on this page.
Best Flipping Friends LLC buys houses with our own funds; a cash offer from us is not a listing. Justin Taylor is a licensed Arkansas real estate agent with Dustin White Realty. This article is general information, not legal, tax, or financial advice. Deadlines and rules change and every situation is different, so please talk to an Arkansas attorney (or a HUD-approved housing counselor) about your specific case.
