Orange County Attorney/Broker Reveals Top 3 Community Property Issues Divorcing Couples Face in California
I provide a service you rarely find. I’m a uniquely qualified divorce Realtor.* I handle divorce property or community property, as it's commonly known.
I’m an Attorney/Broker—a former Family Law Attorney and Real Estate Br
oker.
Being both an attorney and real estate broker gives me unique insight into the challenges associated with the sale of California community property during a divorce. I have seen community property transactions fall apart due to a real estate agent’s lack of knowledge and experience with California law. In contrast, I not only understand the challenges of selling real estate, I also understand California law. Additionally I understand the issues faced by both divorcing couples and their attorneys, and I can help assure that your community property transaction goes smoothly.
COMMUNITY PROPERTY ISSUES DIVORCING COUPLES FACE
Issue #1: Breach of Confidentiality
A real estate agent without legal training may inadvertently reveal confidential personal or financial information of one party to the other, thus compromising a divorce case. Well-intentioned agents may unwittingly compromise either the integrity of the divorce case, or the rights and responsibilities of the parties. Worse yet, such an agent may also be called as a witness in a legal battle.
As your Attorney/Broker: I understand the importance of confidentiality. I will provide both parties the guidance they need to successfully conclude their community property transaction without breaching trust and risking their divorce case.
Issue #2: Differing Goals
Divorcing parties commonly have very different goals in terms of price and timeline for the sale of community property. For example, one spouse may want to stay in the family home as long as possible, while the other may want to dispense with the property quickly. This issue becomes even more complicated if the home is “underwater,” where the value of the home is less than the existing loans. An underwater home is commonly sold as a Short Sale. But when divorcing parties cannot reach agreement, the Short Sale may end up as a Foreclosure, thus adversely affecting the credit of one or both parties.
As your Attorney/Broker: I understand how to help divorcing couples navigate the uncertain waters of community property transactions. I will use my insight and experience to identify creative solutions that help guide both parties to an amicable solution.
Issue #3: Spousal Conflict
Letting go of community property can be a very emotional experience. Spousal conflict is common. In speaking with the parties, real estate agents may easily lose objectivity and develop bias. In this scenario, a compassionate discourse with one spouse may become an accusation by the other spouse of an agent’s breach of fiduciary duty.
As your Attorney/Broker: I understand the importance of remaining objective when handling a divorcing couple’s community property transaction. I also understand the importance of fiduciary duty. As a practicing family law attorney for over 20 years, I possess the mediation skills and experience needed in such emotionally charged situations to remain objective, and I will use my expertise to help both parties find an agreeable resolution.
I Can Help
Successfully navigating the uncertain waters of divorce involving community property requires both knowledge and experience: Knowledge of California law and of California real estate and years of experience in negotiating and mediating such transactions in the often emotionally-charged atmosphere of divorce. As an Attorney/Broker with expertise both in family law and in real estate transactions, I am uniquely qualified to assist divorcing couples with the sale of their California community property. Please call me, I can help.
Brian L. Sirota, Esq. *Divorce and Community Property: Top 3 Issues Revealed*
"Two Professionals, Half the Cost!"
*I am an attorney of 20+ years, licensed by the State Bar of California. I am also a real estate broker of 20+ years, licensed with the California Department of Real Estate.I actively assist home buyers and sellers, and specialize in helping divorcing couples amicably dispense with community property, including the family home, vacation homes, rental properties, and commercial properties.
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