Short answer
Usually yes, but not alone. If both spouses are on the deed, both generally need to agree or a court has to authorize the sale. Property claims must be raised in the divorce case, and the sale proceeds are typically dealt with in a settlement or court order. Talk to your divorce attorney before you sign anything.
Who has to agree
If both spouses are on the title, both signatures are normally needed to sell, unless a court order says otherwise. A buyer and title company will ask who owns the house and who has authority to sign. A disagreement about whether to sell, or about the price, is one for your attorneys, not a buyer.
Do not list or accept an offer on your own if your spouse is on the deed. A signed agreement you cannot deliver can create legal trouble.
Raise the house in the divorce case
The Pennsylvania Courts' divorce packet warns that if you fail to raise claims for alimony, division of property, lawyers' fees or expenses in your divorce complaint, you may lose the right to make them when the decree is entered. It also says its simple forms are not designed for complicated matters such as dividing property. In a consent divorce, the packet explains a 90-day wait from service of the complaint before the consent forms can be filed.
The Divorce Code provides that, on request, the court equitably divides marital property. Equitable does not necessarily mean equal.
Settlement, court order and the sale
Many couples agree in a written settlement to sell the house and split the proceeds, or to let one spouse buy out the other. A court order can also direct a sale. Whatever you choose, the title company will want to see the paper that gives you authority.
Pennsylvania's Seller Disclosure Law exempts transfers between spouses that result from a divorce decree or property settlement agreement, but a sale to a third-party buyer is a normal sale. Expect to complete the disclosure statement.
Taxes
The IRS says you may exclude up to 250,000 dollars of gain on the sale of your main home, or up to 500,000 dollars on a joint return, if you meet the ownership and use tests: you owned and lived in the home for at least two of the last five years. You cannot use the exclusion if you excluded gain on another home in the previous two years.
How this applies to a divorcing couple depends on timing and filing status, so ask a tax professional before you pick a closing date.
Where a cash sale fits
A quick sale can reduce carrying costs and conflict. It can also leave money on the table if the house is in good shape and you can wait. Kaizen Home Buyers buys as-is, makes a cash offer within 24 hours, charges no agent commission and can close on a date that suits both spouses. Call 267-329-0084, but only after your attorney agrees the sale is in your interest.