There has been a noticeable uptick lately in challenges regarding personal property when it comes to selling a family home amid divorce proceedings. It’s important to shed light on these issues so delays and potential contract breaches can be prevented.
When a divorcing couple needs to sell their house, the property must be empty of all belongings before closing can begin. While that may seem rather obvious to most of us, this issue is frequently forgotten between divorcing sellers until time runs out, and that can result in a breach of contract. In some cases, damages may even have to be paid to the buyer for the delay.
Here’s the dilemma: the clock starts ticking as soon as the property is under contract, and in today’s market, that could mean just days after it’s listed. All items of personal property in the house must be removed by the closing, usually 30 days later. At this point, it’s a contractual obligation, the 30 days will go by fast.
To protect your clients from anything that might hinder the sale, including a potentially major problem like breaching the real estate contract with a buyer, it’s best to strongly encourage divorcing spouses in writing to divide and disburse all personal belongings before the house is even listed. This recommendation is essential in a high-conflict case. It also helps dramatically to “thin out” a cluttered home before pictures and videos are taken and the property is shown to potential buyers.
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In short, all “the stuff” has to be moved anyway. As a general rule, handling it before the listing is almost always a better approach. Here are a few solutions you can offer clients to remove personal possessions from the marital home in preparation for sale:
- His and Hers PODS parked in the driveway. They can each load up their separate assets and have it taken for storage, to be delivered later at their new place or to a family member;
- If no agreement is reached, then one POD or storage facility can be secured for all unclaimed belongings in the marital estate until further agreed-upon property division or order of the court; and
- If all else fails, hire a junk removal company. Donating to a non-profit organization or even doing a garage sale can quickly eliminate the rest of the “stuff” or personal items.
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Every situation is unique, with its own set of challenges and people involved. While real estate agents mainly deal with houses and land, the aim is to simplify things for everyone involved. Giving helpful guidance on the division of personal property during tough times is something a real estate agent who has experience with divorces should offer to their clients.
The ultimate goal should be to keep things moving forward to minimize stress and delays during their divorce process and to maximize the monetary value for clients selling their real property. Your law firm, divorce lawyer, and clients will feel more at ease with the help of a qualified real estate professional. They ensure all the right steps are taken to sell properties at the time of divorce or probate, maximizing their value. This keeps everyone well-informed and empowered to make the best decisions about real estate sales, which reflects positively on their legal counsel.
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About the Author
Madelin Espino is a real estate professional with over 20 years of experience. She is also a Certified Divorce Real Estate Expert (CDRE), a Certified Divorce Specialist (CDS), a Certified Probate Real Estate Specialist (CDRES), and a Certified Short Sale Agent. She regularly works with divorce and probate law firms and their clients to ensure the best overall experience, and that all necessary steps occur at the appropriate time to reach the most mutually beneficial outcome. She can be reached at madelin@madelinespino.com, or 305.205.5232.
Related:
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- Witness Preparation Tips for Optimal Trial Success
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