Hawaii Randy's Real Estate Opinions: Divorce and Selling Your Home

Divorce and Selling Your Home

Even though divorce may be a common occurrence in our society, it is not an easy thing to go through.  There are so many emotional issues to deal with.  In many cases selling a home can become a huge problem. 

Here are a few divorce scenarios I have seen in Hawaii.  In these cases the couple was so angry they could not agree on anything.

  1. Which Realtor®? I had one case where their fought over whether the agent should be a man or a women.
  2. How much to list the home for.
  3. What price and terms to accept from a buyer.
  4. Transaction details, etc.
  5. Who pays for repairs.
  6. Whether to sell the home.
  7. How the proceeds are handled or split.
  8. Who pays the mortgage and bills until it sells.
  9. Who gets to live it until it sells

It is a difficult time they are going through.  I have seen cases where they continued to fight, right up to their home being auctioned off on the court house steps.  That could easily have been avoided if they would have stopped fighting.

Here are a few tips (some easier than others).

  1. Always get legal and tax advice about the impact of the sale.
  2. Get a solid Realtor®. One who knows the area and one you and your spouse trust to protect everyone's interest in a fair manner.
  3. This is the tough one.  If you and your spouse are not on good terms, appoint one of you or a family member to make all decisions pertaining to the sale.  Give the professionals one person to contact.  This is the most important thing I will tell you.  You may need a Special Power of Attorney for just for this real estate transaction. (Again as always seek legal advice).  This will allow the designated person to sign all papers.
  4. If you are selling the home, call a truce on the fighting when it comes to this issue.  This can be a difficult process and it may get a lot worse if you continue to fight.  You will both lose!

No matter what the situation is, it is a rare case where the home has to be lost.  It is not so rare where it is lost because of fighting and bad decisions.

If you are going through some type of tragedy and need guidance in regards to real estate in Hawaii, feel free to contact me. 

Advice is always free.  Advice not followed may cost you a lot of time and money.

 

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Randy L. Prothero, REALTOR®

Broker-in-Charge, ABR, AHWD, CRB, CRS, e-PRO, GRI, MRP, SFR

eXp Realty

Team Leader - "The Prothero Group"

Randy Prothero is well established as an expert in working with military / VA clients and first time home buyers.  His home seller's (listing) campaign is one of the most aggressive marketing programs in the area.  His luxury home listings sell faster and for more money.

Based out of Mililani, Hawaii. Randy services the island of Oahu (Honolulu County) Performs mediations and ombudsman services for the Board of Realtors.  To improve overall professionalism in his area Randy also offers classes for real estate agents. 

www.HawaiiRandy.comOahu (Honolulu County) Property Search  Hawaii Military Relocations

Comment balloon 9 commentsRandy Prothero • February 12 2011 05:51PM

Comments

My Step-Daughter is going through a divorce.  My soon to be EX-son-in-law alsong with his choice of a Realtor wants to market the home with FHA and VA financing.    I will not qualify for either and He says he will NOT do any repairs.   The agent is still adament about listing it this way. 

I am just gald I am not selling it!!!

Posted by William Feela, Realtor, Whispering Pines Realty 651-674-5999 No. (WHISPERING PINES REALTY) over 7 years ago

William - If the home doesn't qualify they will be wasting a lot of time.

Posted by Randy Prothero, Hawaii REALTOR, (808) 384-5645 (eXp Realty) over 7 years ago

Cahnces are if they weren't fighting, then there would be no divorce and therefore no sale.

Posted by Rob D. Shepherd, Principal Broker ABR, GRI (Windermere/lane county) over 7 years ago

I have not dealt with a listing at the center of a divrce but I know if I do I wll look for AR advice!

Posted by Gary L. Waters Broker Associate, Bucci Realty, Fifteen Years Experience in Brevard County (Bucci Realty, Inc.) over 7 years ago

Rob - It is hard.  If they do not want to totally crash and burn, they have to stop fighting long enough to get the house sold.

Gary - I have gotten a lot of good advice on AR.

Posted by Randy Prothero, Hawaii REALTOR, (808) 384-5645 (eXp Realty) over 7 years ago

That combination can be a real can of worms! On a lighter note, I just had a client purchase a condo for his soon to be ex-wife so she could move south after the divorce was final!

Posted by Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional, Palm Harbor, Dunedin, Clearwater, Safety Harbor (Charles Rutenberg Realty) over 7 years ago

Barbara-Jo - I have never met anyone who bought their ex a home so they would leave.

Posted by Randy Prothero, Hawaii REALTOR, (808) 384-5645 (eXp Realty) over 7 years ago

Randy - I have seen couples that were yelling at each other at the closing table.  It was terrible!

 

 

 

 

 

 

 

 

 

Posted by Rosalinda Morgan, "The Rose Lady" over 7 years ago

Rosalinda - At least they made it to the closing table.  Many do not.

Posted by Randy Prothero, Hawaii REALTOR, (808) 384-5645 (eXp Realty) over 7 years ago

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