when does a real estate agent need a divorce attorney

by Annabell Goldner DVM 10 min read

Since a divorce home sale proceeds just like a traditional sale would, it isn’t required for your real estate agent to have specialized training. If there are any complications that might arise, such as those related to community property laws, it’s your lawyer who’ll be handling the issues.

Full Answer

How can a real estate lawyer help with a divorce?

Dec 26, 2018 · In some cases, you might feel comfortable retaining a lawyer with a general practice. By the same token, you could decide that you need a divorce attorney whose practice is limited to family law issues, such as custody, support, and equitable distribution. In such instances, retaining separate real estate counsel makes sense.

Should you hire a divorce specialist for a home sale?

Not necessarily. Since a divorce home sale proceeds just like a traditional sale would, it isn’t required for your real estate agent to have specialized training. If there are any complications that might arise, such as those related to community property …

Why do you need a divorce home sale agent?

Apr 19, 2021 · Pay attention that some separate property can become marital property so you should better talk with a divorce attorney before you transfer any money to a joint account or before adding your spouse as co-owner of a property. Dividing real estate during a divorce is a hard process because it amplifies the loss you feel.

When should you hire a real estate lawyer?

Make sure both are on-board from the beginning. If the divorce is finalized, ask for a copy of the divorce decree. True Title can review it for you. Since these are usually not written by real estate attorneys, they may lack some of the nuance real estate law requires. We can help determine if there will be issues with the divorce decree and ...

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What is a CDRE?

Agents who study the master course devised by the Divorce Real Estate Institute earn the title of Certified Divorce Real Estate Expert (CDRE). Unlike CDFA, CDRE certification focuses specifically on the real estate market and training active real estate agents.

Can you divide property in a divorce?

Dividing both property and debt during a divorce falls to the attorney. This can get tricky, especially in states with community property laws. That’s why profits from the home sale are sometimes held in a trust until the divorce is finalized. The complications of dividing assets aside, the process of a divorce real estate sale is no different ...

Can you divide assets during a divorce?

Dividing assets during a divorce is always unpleasant. And when there’s a home involved, warring spouses can get cutthroat. Battles over setting the list price, scheduling showings, and even accepting the best offer can delay both the sale and the divorce. In worst case scenarios, these skirmishes may even lead to you selling ...

Why do kids get divorced?

Half of the kids will see their parents go through at least one divorce. The top three reasons for divorce are infidelity, financial problems, and lack of communication. If forgiveness is hard, coming with more money at the end of the month is even harder.

What is Teo's job?

With over ten years of experience as writer and editor-in-chief, Teo devotes most of his time to writing and research. Economics, personal finance and real estate are his cup of tea.

Should I sell my house after divorce?

Separating couples should try to sell their houses before the divorce decree is signed, especially in the case of an outstanding joint mortgage to which both are bound and must pay off together. Selling a house after the divorce is granted could be more difficult and overwhelming emotionally because one might not want to deal with the other anymore.

How does divorce shake your foundations?

Divorce will shake your very foundations because of the changes it brings, especially when considering whether to sell your family home or not. Deciding on selling depends on your answers to the following questions:

What is a FLARPL?

In the USA, a Family Law Attorney Real Property Lien (FLARPL) means the client gives his/her attorney a lien against his/her share of the joint real estate property in order to cover attorney’s fees if he/she is low on cash.

Has he or she done this before?

There are a lot of real estate agents out there to choose from. This means that many of your options have probably never sold for a person in your situation. Some may even avoid divorce home sales because they are too much trouble.

How do his or her listing prices compare to sale prices?

This is a major factor that should go into your decision-making. You want someone who understands the market well enough to price a home accurately the first time. No, it is not possible to get it just right every time.

Does the real estate agent know how to deal with two conflicting people?

One of the big problems you may be running into is that you and your spouse own the house. When there is joint ownership both need to be involved in the selling process – yet you have no desire to speak to the other person. A good divorce Realtor will know how to communicate with both of you without creating waves.

Does the Realtor know your area?

With the internet, it is now much easier to find a good real estate agent. However, sometimes the Realtors you find through random searches are not familiar with your area and are not the best qualified to sell your home.

Does the Realtor have good negotiation skills?

The real estate agent you choose should be not only able to handle the complexity of two people that are more than likely at odds with one another but also be able to deal with contract negotiations with home buyers.

Does the Realtor have references?

In a high-stakes situation like divorce, you want someone who has a proven track record of selling homes. This is not a time to be selecting your aunt Mildred’s cousin Sally who sells a few homes a year.

How to start a marriage?

In fact, the first meeting is the time to ease them into how you’ll work with them and what value you bring to the transaction: 1 You’ll help them make decisions that make the most sense for the couple and their children. 2 You’ll listen to each of them and understand their wishes. 3 You’ll help them find solutions to issues that may come up.

What is the first meeting?

In fact, the first meeting is the time to ease them into how you’ll work with them and what value you bring to the transaction: You’ll help them make decisions that make the most sense for the couple and their children . You’ll listen to each of them and understand their wishes.

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