Selecting and Vetting the Right Listing Agent in Divorce Cases

When divorcing homeowners are faced with selling the marital residence, it’s common for one or both parties to suggest hiring a friend, family member, or the agent who previously represented them. While understandable, this decision deserves careful consideration.

In divorce matters, the home is often the most significant asset, the largest liability, and the most emotionally sensitive component of the case. The listing agent plays a critical role, and choosing the right professional should be a deliberate, well-informed process—not an afterthought.

If the parties cannot agree on an agent—or if they are considering someone without specialized divorce real estate expertise—I strongly recommend conducting a thorough interview. Below is a set of key questions designed to identify the most qualified professional for the situation:

• How do you handle disagreements between the parties during the listing process?
  

• What is your communication structure with both spouses and their counsel?
  

• How do you proceed if one spouse wants a lockbox and the other objects?
  

• How are repair decisions managed when there is no agreement on scope or cost?
  

• What is your approach when the out-spouse requests access to the property?
  

• What training or experience do you have with high-conflict divorce cases?
  

• How do you manage logistics when restraining orders are in place?
  

• Do you represent buyers on your divorce-related listings?
  

• Have you ever purchased a divorce property as an investment?
  

• If only one spouse is on title, how do you involve the non-titled spouse appropriately?
  

• What safeguards are in place to ensure proceeds are distributed in accordance with court orders?
  

• Do you disclose the divorce context to buyers, agents, or in marketing materials?
  

You may also share or print this list for your clients and opposing counsel to facilitate a more structured selection process.

Divorce-related real estate transactions require a level of expertise that extends beyond traditional residential sales. While many agents are capable in standard transactions, few are trained to navigate the legal, procedural, and interpersonal complexities involved in these cases. Certified Divorce Real Estate Experts (CDREs) are specifically equipped with the knowledge, systems, and experience to manage these challenges effectively.