Selling Your Home While Going Through a Divorce

{4 minutes to read}

An interview with David Perry, Certified Divorce Real Estate Broker

How is your role different when working with couples going through divorce as opposed to working with couples who are not separating?

Similar to the role of the mediator, I am employed by both spouses. Most of the time, when they come to me, both spouses are in agreement that the marital home should be sold. Occasionally if one spouse does not want the marriage to end, or wants to keep the home, that spouse will be more resistant to a sale.

Typically when married couples sell their home, it is because they want more space, they are downsizing, or relocating and starting a new chapter in their lives. This is a happy time for both of them. One spouse may be the point person in communicating with me and then relating all the information to their spouse.

Working with a couple that is separating requires that I communicate with both parties to make sure they are both involved in every decision regarding the sale of their home. While in these cases, one party may very well be the point person, I will make sure to report on everything to the other spouse as well.

Selling a home which is often the largest asset owned by a couple is a very emotional event and is exacerbated when a couple is separating. I need to be sensitive to both parties at all times.

How do you work with both spouses if they have disagreements regarding the sale of their home? On pricing, on staging and eventually on accepting an offer?

The agreement that both parties sign will list the price at which they have agreed to sell their home. Whether I speak to the parties over the phone or via email, I must get both of them to agree on every step of the process. I will then follow up by an email to both of them stating what they have agreed to.

If there is a disagreement during the process, I need to understand each party’s point of view and explain it to the other party. I may offer my opinion as to what I would do if it were my home. Having been in the real estate business for over 25 years, my experience has served me and my clients very well, and they will often take my advice. If necessary, I will suggest that they take a little time to think about it and schedule a time to revisit the issue with them within a day or two.

How can couples going through divorce come better prepared so that you can help them?

As they work through their separation/ divorce agreement with a mediator, it is important that they make certain agreements that will be included in their separation document:

Their choice of a broker;
The price at which they will list the apartment for sale;
An allowance for repairs or to stage the apartment;
What happens if the apartment does not sell at the listing price within a defined amount of time?
When do they decide to lower the price?
How do they deal with offers below the asking price?
Who will pay for the mortgage and maintenance until the home is sold?

These are just some of the decisions they should make. Having most of them worked out between them ahead of time will make the transaction much smoother for all.

David Perry

Licensed Real Estate Broker

Brown Harris Stevens

New York City.

dperry@bhsusa.com | (917) 496 5081

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Jennifer Safian

jennifer safian. divorce and family mediator
divorce and family mediation
upper east side of manhattan (nyc)
new york, ny
(917) 881 5206
jpsafian@gmail.com