At times, some divorcing homeowners choose to sell their properties strictly “as-is,” regardless of condition. Before your clients make that decision, it’s important they understand how it may affect both marketability and net proceeds. In high-conflict matters, an as-is sale can seem appealing — fewer decisions, minimal cooperation, and no upfront repair costs. However, this approach can significantly reduce equity, sometimes by tens of thousands of dollars. The key issue is

Establishing the value of real property during a divorce can be complicated. When appraisals conflict and the parties cannot agree on price, one proposed solution is to place the home on the open market and allow buyer demand to set the value. The idea is simple: whatever a ready, willing, and able buyer offers becomes the benchmark for fair market value. In some cases, one party may reserve a right of first refusal, allowing them to match the strongest offer and purchase the

It’s often said that the legal system moves at a deliberate pace. Real estate contracts, however, do not. That contrast can create serious complications when divorcing parties are selling jointly owned property. In most transactions, sellers enter into two separate agreements: a listing agreement  with the brokerage, and a purchase agreement  with the buyer. Each carries distinct obligations and deadlines. While the nuances could fill volumes, below are the most common pressu

Estimating equity isn’t always as simple as subtracting the mortgage balance from the home’s estimated value — especially in today’s changing market. That calculation is a starting point, but there are often hidden factors that can reduce the true equity position. One commonly missed issue is a deferred principal balance . Deferred amounts frequently stem from loan modifications after the 2008 downturn or pandemic-related forbearances. They may also result from periods of mis

From time to time, a listing agent may not be the right match for a divorce-related sale, and the parties may explore replacing that agent in hopes of a better outcome. That’s understandable. However, when a written listing agreement is in place and the property is actively listed on the MLS, there are important contractual and procedural issues to consider before seeking court orders or entering into a stipulation to remove one agent and engage another. Listing Term:  If a l

You may have encountered situations where a client retained counsel while experiencing diminished mental capacity—or where cognitive decline became an issue during the course of representation. In those cases, safeguards are often put in place so another individual can lawfully manage decisions and affairs on the client’s behalf. Common solutions include appointing an agent under a power of attorney or establishing a conservatorship. While these tools are essential, additiona

In many divorce cases, the home is titled in only one party’s name. This can happen when the property was purchased before the marriage, or when one spouse was removed from title during a refinance. I’m seeing this scenario with increasing frequency, and it often creates serious complications once a sale is required. Although a non-titled spouse may have a community or equitable interest in the property, they are not a legal owner. As a result, they are not a party to any lis

As home values have risen, selling real property can trigger significant capital gains exposure. In some situations, a 1031 exchange may allow those gains to be deferred by reinvesting proceeds into another qualifying property. While often discussed as a straightforward solution, 1031 exchanges are highly technical and easy to mishandle — especially in divorce. To qualify, the exchange must involve investment property only. Primary residences and vacation homes are excluded,

As the new year begins, I’m seeing a familiar issue resurface in divorce-related home sales: unresolved personal property . When a home is sold, it must be vacant at the close of escrow . While this seems obvious, personal belongings are often overlooked until the final days of a transaction. By then, unresolved items can delay closing, trigger a breach of contract, and in some cases result in damages paid to the buyer. Once a property goes under contract—often just days afte

For millions of homeowners, checking their Zillow Zestimate has become as routine as checking a stock portfolio—a quick hit of seeing your home's estimated value, right at your fingertips. With 178 million monthly users and over 100 million homes covered, the platform's instant, free, and convenient appeal is undeniable. But here's a famous cautionary tale: Spencer Rascoff, Zillow's former CEO, sold his own home for a staggering 40% less than its Zestimate. This story highlig

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