Selling a home during a divorce is part real estate transaction and part legal process. The real estate part goes best when the legal groundwork has been laid. These are questions to work through with your attorney before you list. This article is general information, not legal or tax advice.
1. Are both of you aligned on selling, and on who can sign?
Depending on how title is held and what any court orders say, both spouses may need to sign the listing agreement and the sale documents. Confirm this with your attorney at the start so you do not discover it in the middle of a contract.
2. What is the timeline?
Court and settlement timelines do not always match the real estate market. Some couples want to sell quickly. Others agree to wait. Whatever the plan, write down the target listing date and closing window so both sides are working from the same calendar.
3. How will the proceeds be handled?
Your attorneys can give the escrow officer written instructions on how proceeds are to be divided. Settle this in advance so the closing is not delayed by a disagreement at the last minute.
4. Who lives there, and how will showings work?
If someone is still living in the home, showings and staging need clear ground rules: notice, times, and who is present. A neutral agent helps keep this practical and respectful.
5. What does the financial picture look like?
Know the mortgage balance and any other liens, and ask a CPA how the sale may affect taxes, including how the federal home-sale exclusion might apply. These answers help you decide whether to price for speed or for the highest number.
Where the real estate agent fits
An agent can prepare a pricing opinion, coordinate showings and disclosures, and keep the transaction moving. An agent does not give legal or tax advice. Rudy, working with the Patti & Jeff McKelvey Team, is glad to coordinate directly with your attorney and CPA so the sale supports the plan you have already made.