Selling in a divorce

Selling in a divorce

Ask Phyllis: a blog series of frequently asked real estate questions. Email us here

Dear Phyllis,

After fifteen years of marriage my wife and I are getting divorced. The decree stated that she and our children could remain in the home until my youngest son graduated high school, which he did in June. We further agreed that we would both submit three real estate agents to each other and then agree on one. I submitted three agents and so did she.

To make matters simple, I agreed to one of the Realtors on her list. This agent agreed to front some expenses to repair damage that she, the children, and the pets had done to the home. Although she has rented another home, and the children have all moved out, she won’t move. My ex-wife is now unhappy with the Realtor she originally wanted. This Realtor has advised us that we can’t proceed with refinishing hardwood floors and some other miscellaneous repairs until my ex-wife, and the pets are gone. I am anxious that we sell while the market is still a seller’s market. Selling in a divorce is far from simple. Each time I consult with my attorney it’s another $500. I just wonder if you have come across a similar situation and if you have any suggestions.

Trying to move on

Dear Trying,

Thanks for your question. Over my career, I have sold many homes due to divorce. I understand that this has been a long process for both of you and using the attorneys as a meditator is both costly and time consuming.

You don’t mention whether you and your ex-wife are on speaking terms. Consider offering to pay her moving expenses if she agrees to be out by a certain date. If you aren’t on speaking terms, perhaps your real estate agent will act as a go-between to negotiate her expense-free timely move. This isn’t necessarily fair to you, but by the time you pay attorneys and account for possible court appearances to get her out it may make sense. And if she agrees, you can both move on.

I wish you success in a timely sale!