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 filed, 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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