Who Pays for Repairs During Divorce?
When it comes to selling a home during divorce, one of the most common questions I get is: Who’s responsible for paying for repairs? It’s a simple question—but the answer is almost always: It depends.
Repairs can be a major point of conflict between divorcing spouses. Whether it’s a minor plumbing issue or a more significant concern like roof repairs, figuring out who covers the cost can quickly become a sticking point. In this blog, we’ll walk through the most common scenarios and solutions, so you can make informed decisions, reduce friction, and keep your home sale moving forward.
Why Repairs Come Up During Divorce Sales
When you sell a home under normal circumstances, you may take your time prepping the property, fixing a few items, or even investing in renovations. But during a divorce, time and cooperation are often in short supply.
That said, some level of repair work is often necessary—either to list the home competitively or to satisfy buyer demands once you're in escrow. And when that happens, someone has to pay. So who does?
Let’s break it down by timing, legal status, and the condition of your home.
Repairs Before Listing the Home
If you’re making repairs to get the home ready for sale—whether that’s landscaping, paint touch-ups, or functional repairs like HVAC service—there’s no hard-and-fast rule about who pays.
Here are the most common ways couples handle it:
1. Split the Cost Equally
This is the most common arrangement. Both spouses agree to contribute to the repair budget and share receipts. If one pays upfront, the other may reimburse them at closing.
2. Pay from Joint Funds
If there’s still a shared checking account or escrow account set up through the divorce, repair costs may be covered from there.
3. One Spouse Pays in Exchange for Offset
Sometimes one spouse is more invested in preparing the home or has more available cash. That spouse may pay for repairs and receive a larger portion of the proceeds as compensation.
4. Include Repair Credit in Sale Proceeds
If there’s not enough cash available, couples can agree to deduct the repair costs from the final sale proceeds before splitting the remainder.
Repairs During Escrow (After the Home is Under Contract)
Once you’re in contract with a buyer, repairs are no longer optional—they’re part of the negotiation process.
1. Buyer Requests Repairs After Inspection
In most real estate transactions, the buyer completes an inspection and submits a list of repair requests. As sellers, you and your ex will need to decide how to respond.
2. Spouses Must Agree on Repairs
In a divorce situation, both spouses are still legal owners, and any repair decisions during escrow typically require mutual consent—unless one spouse has been granted exclusive decision-making power by the court.
3. Handle Repairs Through Closing Credits
If you don’t want to deal with making repairs yourselves, you can agree to offer the buyer a credit at closing. This lets the buyer handle the work, and you avoid conflict or delays.
Who Pays When There’s No Agreement?
If you and your spouse can’t agree on who should pay for needed repairs, it could delay the sale or result in lost offers.
Here are a few strategies to navigate the impasse:
Mediation: If you're working with attorneys or a mediator, they can help you come to a fair arrangement.
Let the Buyer Decide: List the home as-is and be prepared to adjust the price if buyers balk at the condition.
Temporary Agreements: One spouse pays upfront with an agreement for reimbursement after closing.
In the absence of clear court orders, it’s best to document any repair-related agreements in writing to avoid future disputes.
Repairs and the Divorce Decree
In some cases, the divorce decree or separation agreement will spell out responsibilities related to the home sale. This can include:
Who is responsible for maintenance
How sale proceeds are to be divided
Whether either party is entitled to reimbursement for prior home investments
If your agreement includes these details, great—you’ll want to follow it to the letter. If not, now is the time to get clarity before making financial commitments.
Can Repairs Be Paid From Closing Proceeds?
Yes—and in many cases, this is the easiest solution. Here’s how it works:
You and your spouse agree on the repairs and get a written estimate.
The vendor completes the work prior to closing.
The title company pays the vendor directly out of the proceeds.
This approach requires cooperation but avoids arguments over who pays what out-of-pocket.
What If One Spouse Refuses to Cooperate?
Unfortunately, this happens. Maybe one person is unresponsive, unmotivated, or simply refuses to spend money on the home.
Here are a few things you can do:
Work through your attorneys to negotiate a solution.
Adjust your sale strategy—perhaps listing the home as-is.
Document everything. If repairs are made without agreement, reimbursement may be sought through proceeds or legal channels.Who Pays When There’s No Agreement?
If you and your spouse can’t agree on who should pay for needed repairs, it could delay the sale or result in lost offers.
Here are a few strategies to navigate the impasse:Mediation: If you're working with attorneys or a mediator, they can help you come to a fair arrangement.
Let the Buyer Decide: List the home as-is and be prepared to adjust the price if buyers balk at the condition.
Temporary Agreements: One spouse pays upfront with an agreement for reimbursement after closing. In the absence of clear court orders, it’s best to document any repair-related agreements in writing to avoid future disputes.
Repairs and the Divorce Decree
In some cases, the divorce decree or separation agreement will spell out responsibilities related to the home sale. This can include:Who is responsible for maintenance
How sale proceeds are to be divided
Whether either party is entitled to reimbursement for prior home investments If your agreement includes these details, great—you’ll want to follow it to the letter. If not, now is the time to get clarity before making financial commitments.
Arizona-Specific Considerations
In Arizona, community property laws apply until the divorce is finalized. That means both spouses typically share equal interest in the home and its upkeep—even if only one is currently living there.
Additionally, homes in Phoenix and Scottsdale often include features like pools, tile roofs, or outdoor living spaces that require specific maintenance. Neglecting these can significantly reduce your pool of buyers—or create deal-breaking inspection issues.
Repair Strategy Tips for Divorcing Sellers
Prioritize high-ROI items: Focus on cosmetic updates and inspection-related items.
Communicate early and often: Don’t wait until escrow to start discussing repairs.
Keep it professional: Use a Realtor as a neutral third party.
Get everything in writing: Avoid verbal agreements.
Lean on local experts: Use agents, vendors, and inspectors familiar with the Arizona market and divorce real estate.
Real-Life Scenario: Repair Conflict Turned Smooth Sale
A divorcing couple in Paradise Valley needed $5,000 in repairs—roof patching, pool pump replacement, and landscaping. One spouse refused to contribute.
Solution? I coordinated vendor quotes, scheduled the work, and arranged for payment from closing proceeds.
The result? The home sold in 10 days with multiple offers—and both parties walked away with more than they expected.
How I Can Help
As a Certified Divorce Real Estate Expert (CDRE) serving the Phoenix-Scottsdale area, I act as your strategic partner and neutral guide.
I help identify what repairs matter most
I work with vendors who understand time-sensitive divorce sales
I facilitate communication when things get tense
I protect your equity throughout the process
You don’t need to figure this out alone.
Final Thoughts: Who Should Pay for Repairs During Divorce?
There’s no one-size-fits-all answer—but there is a smart way to move forward.
If you’re preparing to sell your home during a divorce and unsure how to handle repairs, let’s connect. I can help you:
Assess what needs to be done
Mediate fair solutions
Preserve your equity
Get your home sold with minimal stress
📞 Call, text, or email me today, and let’s create a game plan that works for both of you—and gets your home sold quickly and fairly.