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POINTS FOR SELLING A HOUSE FOR PEOPLE GOING THROUGH A DIVORCE AND AFTER A DIVORCE

 

1. If you feel like you would like to or will need to sell your house due to a pending or soon to be pending divorce I recommend planning for the event. Ask yourself, what is the best way that you could get the most out of the sale and at the same time, the case as a whole? My recommendation is to hire a Collaborative Divorce attorney. By hiring a Collaborative Divorce attorney the parties will have the benefit of working with highly skilled and trained professionals that can minimize the negative impact of the divorce event. This means maximizing the return on those things where there is an opportunity to grow an asset or make money. The organized team approach to the Collaborative resolution of a divorce allows the parties to get hands on, efficient and at times “on the spot” assistance and advice on what to do next. As simple as this sounds, the “what to do next” question often leads to unnecessary and costly litigation. The team approach to Collaborative Divorce simply takes the worry out of the equation and streamlines the process for the purpose of avoiding the unnecessary litigation and maximizing the return for items such as the sale or purchase of real-estate. So first, do your research and consult with a trained Collaborative attorney or professional and start planning to sell your property together with the help of your Collaborative Team.
2. If you have already resolved your divorce case and your divorce decree requires the sale of property, ask your realtor how you can quickly list the property and make the sale. Although this sounds easy, there are certain things to consider. For instance, is there a time requirement as to when one or both parties have to move out. If this is the case, you along with your ex-spouse will need to coordinate the facilitation of listing the property and moving toward the sale as soon as possible. If the time restriction is burdensome or unrealistic, one consideration is to simply come up with an additional agreement that allows the parties more time to comfortably find a willing buyer to pay as close to the asking price as possible. Once the sale is complete, the parties will need to pay special attention to the timeline to make the appropriate disbursements from the proceeds of the sale. Having a seasoned real-estate agent and title company will be instrumental in the details of the sale and disbursement however it is important to let them know if there is a divorce decree or judgment so that they may act accordingly.
3.Should your property require improvements required by an insurance company or lender prior to the closing date on a sale, the parties will again need to cooperate to see that those items are accomplished so that any pending closing or even marketability of the property is not held up. Unfortunately, not all post dissolution (after the divorce) cooperation is possible. Your ability to gain cooperation from your ex-spouse after the divorce could in many ways be dependent on the experience you had finalizing your case. If you had an easy or if you were fortunate, a Collaborative experience, you will most likely not have a problem handling any of the sale issues that arise after your divorce. If however you had a negative experience and your divorce went to trial or you just simply had a difficult case, you will most likely have to have your attorneys discus and negotiate any remaining work on the sale. It is my hopes that anyone going through such matrimonial problems will have the fortune of utilizing the Collaborative process where by skilled professionals may work with the Collaborative team to quickly list and sell your property and maximize the return on your investment.
For more information, contact George A. Melendez, Esq., a trained Collaborative Family Law Attorney at 813-280-0181, melendezlawoffice@me.com or at www.melendezlawoffice@me.com.

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