by Shaaron Delsohn
Many families who face a dissolution of their marriage find themselves having to make many difficult decisions. One of the biggest decision divorcing couples have to make is what to do with their family residence. More than likely, the party who is asking for the divorce wants to sell their family home in order to have the funds to purchase their new home.
Then, the one party who has not petitioned for the divorce may want to stay in order to keep the status quo for their children or themselves. Moving on is especially taxing when it is not your choice to end your marriage.
In California we have a no fault state which means if one party wants a divorce they are granted one even if the other party does not want the relationship to end. The thought of splitting up belongings and possessions is especially hard at a time when one’s family is also splitting up. No question, it is a difficult time for all involved. Many couples find themselves unable to sit in the same room with each other let alone come to joint decisions about their real estate.
If both parties are on the title to the home then both parties will have to sign the listing agreement in order to get the house on the market. How do you decide which agent to use, which company best serves your needs, what you will price the home, when you will have open houses?
All of these questions need to be answered in order to have a smooth transition from one home to the next. In many instances one party will take on the responsibility of hiring the Realtor. This then chooses the real estate company used to represent them in the sale and marketing of their home. The open houses have to be coordinated with the party who is still living in the home but the actual acceptance of an offer and the negotiation of the contract will have to have both parties participation and agreement.
Moving on is never easy but with the cooperation of both parties it means letting go of the past and moving forward to your future.
Shaaron Delsohn, JD has been a Realtor on the Monterey Peninsula for 30+ years and a Family Mediator for the same period of time. She has assisted over 100 families with their real estate needs during this time of transition. She believes that with the support of your Realtor/Mediator couples can move on….
Coldwell Banker Del Monte Realty