• Michelle Hernandez, CDRE

When a Divorcing Spouse Won’t Cooperate in Selling a House After Divorce

Okay, your ex-spouse is self-centered and has no consideration for others. Narcissistic in the extreme, he or she always puts their own needs ahead of everyone else’s, including your children’s (which is why you filed for divorce in the first place).

While you’ve gone over the finances with your former spouse and neither of you could come up with any realistic formula for saving the family home, your ex still tells you they’re not willing to sell the house. When no amount of common sense will persuade them, you consider listing the house without their consent. Some real estate agents will even take your listing.

Don’t do it. You’re only asking for disappointment because, after going through the time and effort of marketing the house and receiving a viable offer, you won’t be able to sell the divorce property without your ex-partner’s signature – unless, of course, it’s a court-ordered sale, there are specific court orders in place, and a special hearing occurs…or your name is the only one that appears on the grant deed.

Remember, the court has jurisdiction over the sale of the family residence, so you could be violating court orders if you attempt to unilaterally dispose of divorce property without the blessing of the court.

Another scenario is when your former spouse agrees to sell the family home and then refuses to let prospective buyers in to see it. Your ex leaves a constant trail of dirty clothes and half-eaten food throughout the premises. The sounds of electronics constantly blast from one room to the next. They know you need their cooperation to sell the divorce property, but they can’t resist the temptation to exert power over you…even at their own financial peril.

That’s when it makes sense to enlist the aid of professionals to mediate for you…like your Certified Divorce Real Estate Expert (CDRE). As an agent experienced and versed in divorce property division to minimize conflict and maximize homeowner profits – all from a fair, unbiased place – they can be enlisted by the parties or appointed by the court to represent both you and your spouse in a divorce house sale.

By treating both parties with equal respect, these highly trained certified divorce experts can help defuse many volatile conflicts. They understand how to provide a listening ear and acknowledge each party’s grievances while offering practical ways to break a deadlock.

They’re versed in legal remedies and, as a court’s expert, can facilitate the escalation of involving legal counsel and the court if the parties hit a roadblock.

When there’s an impasse between divorcing parties with a shared home to sell, the presence of a neutral third party is essential.

48 views0 comments