Divorce Real Estate FAQ

Welcome to our Divorce FAQ page, your comprehensive resource for questions related to selling real estate during divorce. Whether you're navigating separation, mediation, or court-ordered sale, we’re here to guide you with professionalism and compassion. For personalized guidance, contact The Dick Barr Group today to speak with a Certified Residential Real Estate Divorce Specialist.

 
General Questions About Divorce Real Estate

  • What is divorce real estate? Divorce real estate involves the sale or transfer of jointly owned property as part of a divorce settlement.
  • Why is the home often sold during a divorce? Many couples choose to sell the marital home to divide proceeds, eliminate joint debt, or allow for a fresh start.
  • Who decides if the home should be sold? This decision is typically outlined in the divorce agreement or decided by the court if there is a dispute.
  • Can one spouse sell the home without the other’s consent? No. Both parties must agree to the sale unless the court grants authority to one spouse.
  • Do both spouses need to be involved in the sale? Yes. Both must usually sign listing and closing documents unless otherwise specified by a court order.


Selling Real Estate During Divorce

  • When should we list the house for sale? Timing depends on the divorce timeline and legal guidance. Some list pre-decree, others post-decree.
  • Who selects the real estate agent? Ideally, both parties agree. If not, attorneys or the court may intervene.
  • What if we don’t agree on price or offers? Your agent will offer data-driven recommendations and help mediate disputes, but unresolved issues may require legal input.
  • Do we have to be present at showings or closings together? No. Your agent can coordinate separately and manage communication discreetly.
  • Can one spouse buy out the other’s share of the home? Yes, through a refinance or cash payout, with a formal agreement in place.


Legal and Financial Considerations

  • What happens to the mortgage during divorce? Typically, the mortgage remains joint until the home is sold or refinanced by one party.
  • What about capital gains tax? Tax implications vary by situation; consult a tax professional for advice specific to your divorce.
  • How is the equity in the home divided? Division of proceeds is determined by your divorce settlement or court ruling.
  • Who pays for the agent, closing costs, or repairs? These costs are typically paid from the proceeds at closing and split according to the settlement.
  • Do we need a court order to sell the house? If the divorce isn’t finalized or the parties can’t agree, a court order may be required.


Working with a Divorce Real Estate Specialist

  • Why hire a divorce-certified real estate agent? We’re trained to handle the legal, emotional, and logistical challenges of selling during divorce.
  • How is a divorce REALTOR different from a traditional one? A Certified Divorce Specialist is trained in dual representation, conflict resolution, and legal compliance.
  • How does The Dick Barr Group help divorcing couples? We provide impartial communication, expert valuation, and seamless coordination to reduce stress and deliver results.
  • How do you keep both parties informed? We use shared emails, group texts, and documented updates to maintain transparency and trust.
  • Can each spouse work with their own agent? Yes, but it can increase cost and complexity. A neutral, certified divorce specialist is often more efficient.


Common Challenges and Solutions

  • What if one spouse refuses to cooperate? A court order may be necessary. Your attorney and agent can help document and resolve these issues.
  • What if there are minor children involved? Considerations for school zones and custody may affect timing or logistics of the sale.
  • What if the home is upside-down on the mortgage? Short sales or other strategies may be available; legal and financial advice is critical in this case.
  • What if the divorce is especially contentious? We maintain professionalism, neutrality, and strict communication protocols to avoid unnecessary conflict.
  • What happens if the sale falls apart mid-divorce? Your agent will re-list the property and revise strategy while keeping both parties informed and aligned.


Final Steps and Advice

  • What’s the first step in selling during divorce? Speak with your attorney and schedule a consultation with a certified divorce real estate professional.
  • Can we start the process before the divorce is final? Yes, with mutual agreement or court approval.
  • How can we keep the sale from becoming another point of conflict? Work with experienced professionals who prioritize communication, fairness, and documentation.
  • What happens after the sale is complete? Proceeds are disbursed according to the divorce decree or court order, and your agent will provide final statements.
  • How do I contact The Dick Barr Group for divorce real estate services? Visit www.DickBarr.com or call 847-644-1154 to schedule a confidential consultation with our Certified Divorce Real Estate Specialists.