Divorce Housing Checklist for Arkansas
A complete guide to help you navigate housing decisions during your divorce. Follow these steps to stay organized and make informed choices.
Arkansas Divorce Timeline Quick Facts
60 days residency required before filing
30 days mandatory waiting period after filing
3 months minimum before finalization
$165 filing fee (statewide)
1Before Filing for Divorce
Getting organized before you file will save you time and stress later. Gather these documents and take these steps while you still have easy access to joint records.
Documents to Gather
- Current mortgage statement showing balance and payment amount
- Property deed and title documents
- Home equity loan or HELOC statements (if applicable)
- Records of home improvements and their costs
- Homeowners insurance policy
- Property tax statements
- Recent credit reports for both parties
Steps to Take
- Get a preliminary idea of your home value using online estimates
- Review your mortgage terms, including interest rate and whether it is assumable
- Check credit scores for both parties
- Consult with a divorce attorney about property rights in Arkansas
2During the Divorce Process
Once you file for divorce, you will need to make key decisions about your home. Arkansas requires at least 3 months from filing to finalization. Use this time to explore your options.
Key Housing Decisions
- Obtain a professional appraisal if you cannot agree on home value (typically $300-500)
- Calculate your equity: Home Value minus Mortgage Balance equals Equity
- Decide on home option: sell, buyout, or continue co-ownership
- If selling: choose a realtor and agree on listing terms
- If buyout: determine if refinancing is feasible on single income
- Include home disposition in your divorce agreement
- Agree on who pays mortgage and utilities during proceedings
Important: In Arkansas, property is divided through equitable distribution. This means fair, not necessarily equal. The court presumes 50/50 unless it would be unfair based on factors like marriage length, income, and contributions.
3After Divorce or Home Sale
Once your divorce is final or your home has sold, there are still important steps to complete. These tasks protect you legally and help you start fresh.
- Update title and deed to reflect new ownership
- If keeping the home: refinance to remove ex-spouse from mortgage
- Have ex-spouse sign quitclaim deed to transfer title
- Update homeowners insurance to reflect single ownership
- Change utility accounts to your name only
- Update your address with all institutions (bank, employer, IRS)
- Keep records of sale or buyout for tax purposes
Questions to Ask Professionals
Questions for Your Attorney
- •How is marital property typically divided in Arkansas?
- •What factors could affect an unequal property division in my case?
- •Should I move out of the home before the divorce is final?
- •What happens if my spouse stops paying the mortgage?
Questions for Your Realtor
- •Do you have experience with divorce real estate transactions?
- •How will you communicate with both parties?
- •What is the realistic market value and expected time on market?
- •What repairs or improvements would increase our sale price?
Questions for Your Lender
- •Can I qualify for a mortgage on my income alone?
- •What would my estimated monthly payment be after refinancing?
- •Can alimony or child support count as income for qualification?
- •Is our current mortgage assumable?
Typical Housing Timeline in Arkansas Divorce
| Phase | Timeline | Key Actions |
|---|---|---|
| Initial Consultation | Week 1-2 | Meet with attorney, assess options |
| File for Divorce | After 60-day residency | Submit paperwork, pay $165 fee |
| Mandatory Waiting | 30 days | Negotiate terms, get appraisal |
| Property Decisions | Month 2-4 | Decide sell, buyout, or co-own |
| If Selling | Month 2-6 | List home, market, accept offer |
| Closing or Transfer | Month 4-8 | Complete sale or refinance |
| Divorce Finalized | Month 3+ minimum | All terms must be settled |
Note: Uncontested divorces typically take 2-4 months. Contested divorces with property disputes can take 6 months to over a year.