Divorce and the Home Selling Process

By
Real Estate Broker/Owner with Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 DRE# IR40011786

Getting Divorced

Selling a home when there is an impending divorce can be difficult.     If both parties can be civil, it sure is easier on all parties, and a much smoother process.      Talking about the final result civilly will allow for good decisions made by all.

With years in real estate, I have been asked to sell many properties due to a pending divorce.     First, let's hope the divorce will be filed AFTER the home is sold, since this could put a cloud on the title.   If the divorce has been filed, an agreement from both sides as to the disposition of the property and proceeds is needed.

Recently, I sold a property with the couple that were very amicable, talked about every aspect of the sale, and truly was a smooth transaction.    All aspects of the transaction had been discussed by both parties, and was totally civil.    I had to admire this couple.   

I have also had a transaction where there was a restraining order Getting Divorcedfiled, and the couple could not be in the SAME BUILDING on the same day.     With having these parameters, you need to walk through all offers, closing documents and any other information TWICE.      I actually had to close the sellers on TWO DIFFERENT DAYS!    There could be hard feelings by one party (the other one that did not choose the agent), thinking the agent is on one side or the other if recommended, so the need for the agent to be neutral is imperative.

If one party has moved out of the home - it is better if there are still bathroom items and clothing by both parties still in the home, or the "reason for selling" will be evident.    When there is an offer written, agents can go into MLS and see the parties in possession, and if there are two names listed, one living in the home --- VOILA - you have the reason for selling!

 

Good communication is always better than hostile conversations!

 

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Metro Brokers - House to Home, Inc.House to Home

GRI, ABR, CRS, CNE, e-Pro  

Broker/Owner

Joan@JoanCox.com

720-231-6373

 

Denver Real Estate

Homes for Sale in Denver

Neighborhoods in Denver

 
  A Denver Metropolitan Realtor

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Re-Blogged 2 times:

Re-Blogged By Re-Blogged At
  1. Wendy Hayden 11/01/2010 03:18 PM
  2. Jason Kardos 11/02/2010 04:41 PM
Topic:
Home Selling
Location:
Colorado Denver County Denver
Groups:
Diary of a Realtor
Local Expert
REALTOR LIFE
Tags:
selling homes divorce
selling a home
denver real estate

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Show All Comments
Rainmaker
809,500
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
your real estate writer

I once had a man call me to come and see his house - and when I got there he wanted to know if I could hurry up and sell it before his wife got back from a vacation.He was upset that I wouldn't even take the listing.

In another case othe man refused to sign until the x-wife handed over a painting. And she refused to hand over the painting until he signed... no fun!

What I really didn't enjoy was having to listen to each side tell me how awful the other party was. I think the only thing they agreed on was that I should list the house, since I had helped them purchase it several years earlier.

 

November 03, 2010 12:41 AM #81
Rainmaker
333,351
Ty Lacroix
Envelope Real Estate Brokerage Inc - London, ON

Joan, when it comes to money, people act quite differently. I have had both the amicable and the acrimonious couples and guess which home got the most money?

Ty

November 03, 2010 06:23 AM #82
Rainmaker
1,408,737
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Marte, some people are just nasty, they just can't help it!

November 03, 2010 08:19 AM #83
Rainmaker
1,408,737
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Ty, the transaction IS just better when amicable!

November 03, 2010 08:20 AM #84
Rainer
34,278
Gerard Falzon
- Gianni Property Group - Cary, NC - Cary, NC
Rental Property Expert, Investment Property Expert

Joan,

I'll be working on helping a divorcing wife to purchase a townhome in the next month or so.  Right now, the plan is for the husband to cash-out refi the mc-mansion.  It doesn't make a lot of sense to me so the plan may change.  In which case, your experience will be helpful.  Thanks for sharing!

November 03, 2010 09:59 AM #85
Rainmaker
1,408,737
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Gerard --- good luck, as it always takes a bit more effort and patience, but so well worth it!

November 03, 2010 10:02 AM #86
Rainmaker
654,053
Joetta Fort
The DiGiorgio Group - Arvada, CO
Independent Broker, Homes Denver to Boulder

I actually had one where the couple was so awful to each other that the judge got sick of them. One party summoned me to court after the other party refused to accept the 12th offer. After I explained the history, the judge ordered the property sold and signed the offer himself. Several people said to me, "IS that legal? Can he do that?" Well, he did it. 

November 03, 2010 10:40 AM #87
Rainmaker
1,408,737
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Joetta, that is quite the story!    Have never even heard of that!   Guess it WAS legal, or he would not have signed it!

November 03, 2010 11:15 AM #88
Rainmaker
84,067
Simon Mills
Mills Realty - Toluca Lake, CA

it is up to the agent to make sure the transaction goes as smoothly as possible...just another one of those things that we do!  I don't agree with the toothbrush scenario and that indication that it shows the reason to sell and implies a desperate seller, but I am a believer that price sells property much more than seller motivation or buyer interpretation of seller motivation.

November 03, 2010 03:34 PM #89
Rainmaker
1,408,737
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Simon, it is our job to make the transaction very smooth, no matter what the situation is.   

November 03, 2010 07:48 PM #90
Rainmaker
179,653
Brenda Whitman
CENTURY 21 Real Estate Center, Inc., Laramie, Wyoming - Laramie, WY
Associate Broker, Laramie, Wyoming

Wow, Joetta,  at least you got a clean, quick ending to that transaction.  Wish it could always be so simple.

November 04, 2010 12:21 PM #91
Rainmaker
203,046
Tom Waite
Thomas Waite Real Estate Broker - Cypress, CA
So Cal-Apartment Bldg Investments

That's why the song says:

D...I...V...O...R...C...E

It wouldn't make any sense if they were getting along, famously, right?

November 04, 2010 12:49 PM #92
Rainmaker
1,108,139
Jim Frimmer
HomeSmart Realty West - San Diego, CA
Realtor & CDPE, Mission Valley specialist

I hope your definition of “all parties” includes real estate agents because it can become quite tricky working with a divorcing couple who aren’t speaking to each other.

November 04, 2010 05:02 PM #93
Rainmaker
1,408,737
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Brenda, I was thinking that had to be the worst transaction that was shared here!

Tom, but wouldn't it be nice???

Jim, exactly!    The agents are another story at times!

November 05, 2010 08:45 AM #94
Rainer
33,552
Chuck Forman
Forman Inspection Services, LLC - Highlands Ranch, CO

Great post Joan. I have a friend that is going through this very process now. As soon as they make a decision about how they are going to proceed I am probably going to do a pre-sale inspection for him just to try and help him along. Of course that also means I will probably be having to do any repairs needed as well as he is not that handy with a hammer. LOL. Have a great day!

November 08, 2010 10:08 AM #95
Rainmaker
1,408,737
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Chuck, that is sad to watch a good friend go thru a divorce.    One of Realtor friends is just about finished too!    They go thru so many roller coaster rides with their emotions!

November 09, 2010 12:47 PM #96
Rainmaker
261,430
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

Keeping a transaction together during a divorce is very tricky. I'm not much of a shoulder to cry on.

November 11, 2010 07:33 PM #97
Rainmaker
1,408,737
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

It does take a lot Wayne, to keep the transaction together, all to be semi-civil!  

November 11, 2010 08:40 PM #98
Rainmaker
127,956
Matt Robinson
Professional Investors Guild - Pensacola, FL
www.professionalinvestorsguild.com

Joan, I've also had a few doozies from divorce situations.  My favorite was when I was dealing with the wife who supposedly was given the house in the divorce and had full control, only to have a title search reveal that she had forged her husbands signature to deed the house out of his name, trying to justify it by the fact that she had a 10 year old power of attorney that had long since expired.

So fun!

July 21, 2011 12:35 PM #99
Rainmaker
1,408,737
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Matt, unfortunately divorce brings the worst out at times, especially when money is involved.   Too bad they cannot get thru this process more civilized!   You doozie sounds like a bitter scorned wife.

July 21, 2011 11:37 PM #100
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