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Divorce and the Home- Are you Listening?

By
Real Estate Broker/Owner with Rogliano Real Estate Group
"What do you mean you talked them out of listing the house?" That's a question I've heard many times from colleagues. Called by a client to list the home I helped them to buy, our discussion revealed one of them really didn't want to sell. So, I put the Listing Agreement aside to continue the conversation and explore how to best assist them in navigating this difficult transition. As professionals we must listen, and help the family explore their options. It shouldn't be about making a sale or having too many clients. I actually had one attorney tell me " It doesn't matter what she is saying. I'm too busy to deal with this, so the house has to go!" If we're not therapists we can't play that role, but we can bring our individual expertise to the discussion. Explain real estate market conditions and if they should improve in the near future. Consult with a loan originator to establish the ability of one party to refinance. Counsel them about short and long term financial goals or tax consequences. If they are keeping the current mortgage, be sure both parties have access to the loan information to assure it is current. For most of us, a home is more than just a roof over our heads. It is a foundation for family life, a safe harbor from the demands of the world, and an expression of who we are. So when those things are shaken during a divorce, what to do with the home is frequently an emotional and financial dilemma. Barraged with major life decisions during a divorce, families need advisers who are listening. The divorce is about their family and not the professionals they turn to for guidance.
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Joan, if you were to force a listing, it more than likely will not work out. I once was going to list a home for a divorced couple. The Husband was ready to sell; however, the Wife didn't want her Husband to make a nickel from selling. The house eventually went into foreclosure because the couple couldn't work with each other.

May 16, 2012 05:40 AM
Kimberley Kelly, SFR, HAFA, GREEN
HK Lane, Christie's International Affiliate, 760-285-3578 - La Quinta, CA
I do Real Estate like I played polo-to WIN!

Agree with Michael..if they are balking at listing, they'll certainly balk at any offer anyway!

May 16, 2012 05:58 AM
Anonymous
Steven Cook

Joan -- you provide an excellent outline of what should really do if they truly want to serve their client.  As Dan said, sometimes they just can't move on.   Really appreciate you mentioning us loan officers and checking into possibility for one party to refinance.   If they don't sell, and don't immediately refinance, and one party moves out.  That party will find it difficult to buy elsewhere (due to high DTI caused by having to count payments on previous house - unless can get 12 months of receipts showing the party staying is paying).  At the same time, if the market is problematic, there may be no option to refinance at the time (as we ran into with a couple who had Manufactured Home - and no one making such refinances.)

May 16, 2012 06:16 AM
#6
Diane Daley
Caron's Gateway Real Estate - Northumberland, NH

I ahve donethis more than once, or the seior citizen that starts to cry as she is filling out disclosure... Just not teh right time.  They they are ready they do not cry they are relieved... and ready to move on... Consuling sometimes goes with the job..

May 16, 2012 07:59 AM
Robert L. Brown
www.mrbrownsellsgr.com - Grand Rapids, MI
Grand Rapids Real Estate Bellabay Realty, West Mic

It's not always about the money. It's about how you treat someone because it could happen to you.

May 16, 2012 09:48 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Jean - I actually had a couple that would call me about every 6 months ago, to list their home for sale.  Yet, when I'd show up at their dining table, and go through the presentation, I could detect some hesitance.  After this happened a few times, I realized what was happening, was they'd get into an argument with each other, and then see which one of them could get to the phone and call me first.  It was part of their fighting strategy with each other.  Had this couple not been longterm friends, I would have lost patience, not that I didn't a little bit anyway.

The long and short of it is, they are still married today.  During their last episode of calling me over, I explained quietly to them, that I wasn't a marriage counselor, nor was I a trump card to their problems. 

May 16, 2012 09:50 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Hope you don't get caught in to what Myrl was.  That's an interesting story.  Your's is a good read too, and yeah, sometimes when you sense hesitancy it's better not to take the listing and waste your time.

May 16, 2012 11:22 AM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Very good points Joan.  Helping people discover what is best for them is all about listening and discussing the options with them, putting them in contact with the right people, like the lender and an accountant, and trying to keep the family and home as normal as possible.  I have talked a divorced couple through selling the home when there is no other option and I have discovered that selling was not always the best option as well.  Thank you for sharing!

May 16, 2012 11:41 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

It is important to listen, but I agree that we don't want to get caught in the middle or pay marriage counselor.   Been there - Done That... never Again.

May 16, 2012 11:58 AM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279
Good for you for putting people first and the transaction second. Great post.
May 16, 2012 11:59 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Joan:

You are the kind of Realtor I want.  Taking a listing is not the end all and be all.  You have to listen to what your client's want.  A divorce is so difficult on both parties.  The fact that you were thinking of them and their well being is encouraging.  There are Realtors who have hearts.

May 16, 2012 12:45 PM
Kevin O'Rourke - Keller Williams Miami Beach Realtor
Keller Williams Miami Beach Realty - Miami Beach, FL
CDPE Miami Short Sale Agent 305-520-9436
Sounds like an uncomfortable situation to be in. I like your ideas for offering them our expert advice on the market etc. That seems like the way to go in a heated situation such as looming divorce
May 16, 2012 12:48 PM
Donald Reich
Madison Specs - New Rochelle, NY
Cost Segregation Specialist

It sounds like you gave excellent real estate advice -- which you are not paid for. Trust me, this will only help your reputation. They will tell their friends about you. And of couse when they DO want to list the house, you know they will call you!

May 16, 2012 12:53 PM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

That is a true sign of an agent who puts her client's best interests above her own. That will be a referral that keeps on giving.

May 16, 2012 01:59 PM
Robert Rucker III
Fairbanks, AK

Joan - Nicely written and excellant points.

May 16, 2012 03:03 PM
Phil Leng
Retired - Kirkland, WA
Phil Leng - Retired

Hi Joan,

If it is possible to keep the house and not sell it in a divorce situation, it is always better.

The kids (and adults) are having lots of disruption in their lives. If their home can continue to be the same, it keeps one part of their live in stability

Phil

May 16, 2012 06:57 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I don't like seeing people suffering in anyway but that is a part of life. When I am involved, I try to go past the obvious nonsense and get down to where we live and breath. Life is too short to stay in the absent or missing mode too long

May 16, 2012 11:31 PM
Gina Tufano
Ask Gina & Company with Pearson Smith Realty - Sterling, VA
Ask Gina & Company, Northern Virginia Real Estate

As an agent, you have to step back and do what's right by the homeowners - and unfortunately, that sometimes means you won't be making a paycheck. You sound like a Realtor that I would want to work with when the time is right! Great job! 

May 17, 2012 12:59 AM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

Hi Joan, I have come to similar situations where the time to sell would be better served at a later date. Dang, I hate when that happens, and I do the right thing. We have to act as if an important member of our own family was needing the guidance too.

May 17, 2012 01:29 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Joan - This is what we need to do with all of our clients, not just the divorces.  We need to listen and then advise.

May 17, 2012 02:22 PM