Can one spouse sell the house without the other in Maryland?

Not while married and holding as tenants by the entirety. Both signatures, or a court order, are required until the divorce is final.

Who gets the money when a house is sold during a divorce?

Whatever your settlement agreement or the court says. The title company can hold the proceeds in escrow until there is an order, or split them at the table on written instructions from both of you.

Should we sell before or after the divorce is final?

Before, if carrying the house is the problem or the mutual consent agreement needs the proceeds settled. After, if one of you may keep it. A written cash offer gives both sides a firm number to decide with.

Maryland

Can we sell the house before the divorce is final in Maryland?

Yes, as long as both spouses sign. A married couple in Maryland usually holds the house as tenants by the entirety, so neither can sell alone while the divorce is pending. With both signatures the sale closes on any date, and the title company holds or splits the proceeds the way your written agreement or the court says.

The short version

Tenancy by the entirety ends the day the absolute divorce is granted; the former spouses then hold the house as tenants in common and either can sell their own share. Before that day, it takes two signatures.
Since October 1, 2023, Maryland has three no fault grounds: mutual consent with a signed settlement agreement, six months of separation, and irreconcilable differences. Fault grounds and limited divorce are gone.
A mutual consent settlement agreement has to resolve property, so the sale of the house and the split of the proceeds can be written into it before anyone files.
Old Line Home Buyers gives both spouses one written number, one closing date, and one check the title company divides as instructed. No showings, no repair negotiations, no months of a listing keeping the two of you in contact.

How a sale during a divorce closes

Agree in writing who signs, who gets what share, and whether the proceeds are held in escrow until the decree. Your attorneys draft it; we work from it.
Both spouses sign the contract. One can sign remotely through a notary; neither has to be in the same room.
The title company runs title, pays the mortgage and any liens from the proceeds, and holds or splits the balance exactly as the agreement or court order states.
Settlement lands on the date you both chose, usually two to three weeks after signing.

When it is not that simple

One spouse refuses to sign. The court can order the sale as part of the divorce. Until it does, the house cannot be sold, and a partition suit is not available between spouses.
Only one name is on the deed. The other spouse may still have a marital property claim to the value. Get the written agreement before you sign anything.
The mortgage is in one name. It is paid off from the proceeds either way; the title company handles the payoff.
A pendente lite order covers the house. Follow it. The title company will want a copy before settlement. The timeline is on selling a house during a Maryland divorce.

Get your Maryland cash offer

Written, usually within a day, with the math shown.

Prefer to talk? Call (443) 505-7653

Maryland seller questions

Can one spouse sell the house without the other in Maryland?: Not while married and holding as tenants by the entirety. Both signatures, or a court order, are required until the divorce is final.
Who gets the money when a house is sold during a divorce?: Whatever your settlement agreement or the court says. The title company can hold the proceeds in escrow until there is an order, or split them at the table on written instructions from both of you.
Should we sell before or after the divorce is final?: Before, if carrying the house is the problem or the mutual consent agreement needs the proceeds settled. After, if one of you may keep it. A written cash offer gives both sides a firm number to decide with.