Even though divorce may be a common occurrence in our society, it is not an easy thing to go through. There are so many emotional issues to deal with. In many cases selling a home can become a huge problem.
Here are a few divorce scenarios I have seen in Hawaii. In these cases the couple was so angry they could not agree on anything.
- Which Realtor®? I had one case where their fought over whether the agent should be a man or a women.
- How much to list the home for.
- What price and terms to accept from a buyer.
- Transaction details, etc.
- Who pays for repairs.
- Whether to sell the home.
- How the proceeds are handled or split.
- Who pays the mortgage and bills until it sells.
- Who gets to live it until it sells
It is a difficult time they are going through. I have seen cases where they continued to fight, right up to their home being auctioned off on the court house steps. That could easily have been avoided if they would have stopped fighting.
Here are a few tips (some easier than others).
- Always get legal and tax advice about the impact of the sale.
- Get a solid Realtor®. One who knows the area and one you and your spouse trust to protect everyone's interest in a fair manner.
- This is the tough one. If you and your spouse are not on good terms, appoint one of you or a family member to make all decisions pertaining to the sale. Give the professionals one person to contact. This is the most important thing I will tell you. You may need a Special Power of Attorney for just for this real estate transaction. (Again as always seek legal advice). This will allow the designated person to sign all papers.
- If you are selling the home, call a truce on the fighting when it comes to this issue. This can be a difficult process and it may get a lot worse if you continue to fight. You will both lose!
No matter what the situation is, it is a rare case where the home has to be lost. It is not so rare where it is lost because of fighting and bad decisions.
If you are going through some type of tragedy and need guidance in regards to real estate in Hawaii, feel free to contact me.
Advice is always free. Advice not followed may cost you a lot of time and money.
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