Personal Property: A Common (and Costly) Divorce Sale Pitfall

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 after listing—the clock starts ticking. With a typical 30-day escrow, removing all personal property becomes a contractual obligation, and time moves quickly.

To avoid unnecessary risk, especially in high-conflict cases, I recommend that division and disbursement of personal property be addressed before the home is listed. This not only protects the sale but also helps declutter the property for marketing.

Practical solutions include separate storage (such as his-and-hers PODS), a shared storage unit for unclaimed items, or donation and junk removal for remaining belongings.

While my role focuses on the real property, I’m always happy to offer guidance when personal property issues threaten a successful closing.