Rebecca and David are married and have been for 20 years. During their marriage, they raised two children and created a small nest egg, all while putting both children through college. The couple each have full-time careers. Rebecca had put her desires on hold to raise her family. She is adventurous and loves experiencing new things. Because David is no longer adventurous, Rebecca finds herself doing much of her traveling these days with friends. David has fallen into a typical routine over the years and over indulges these days on his passion for fishing.
The children are grown and graduated from college. They're off doing well making their mark in the world. The couple reached that point in their lives where they've grown apart. These days their conversations and meals together are sparse. The disconnect didn't happen right away; it moved in that direction over the years. Since it's just the two of them sharing the family house, it's getting impossible to ignore the elephant in the room.
Rebecca confided in friends about leaving David and acting on her desires. She found a real estate agent and explained everything to them as well. After seeing several houses with the agent, Rebecca found the perfect place to call home. Rebecca was very excited having qualified for a mortgage and finalizing the purchase. With everything set, Rebecca announces to her husband; she is filing for divorce. She revealed the newly purchased property and her upcoming move into it. David knew their marriage was in trouble but didn't see divorce as being the answer to their problems.
As the divorce proceedings moved forward, Rebecca is made aware her newly purchased house is marital property. As marital property, David is legally entitled to share in her new house. Because Rebecca could not get refinancing in place or acquire a home equity loan, she could not buy David out. Rebecca was devastated because she was forced to sell her perfect little house.
Where Things Went Wrong
1st Rebecca should have consulted with an attorney before setting things in motion.
2nd The real estate agent should have known that buying a house while still married would make the new home a marital property. The house shopping and purchase needed to occur after the divorce. At the very least, have the judge grant the motion to purchase before the divorce is finalized.
(We're not going to comment on their marital relationship. It's not our position to be the relationship experts for married adults.)
Who's The Right Real Estate Agent for My Divorce Team
Seeking a real estate agent that is experienced in the divorce niche will make things much easier for all involved. Let's pretend you're going through a divorce and have to sell the house. The home does receive an offer in a short period, but unfortunately, it's tied to the divorce. If one spouse decides to drag matters out, that could create extensions in the transaction. As the agent, you must keep all sides calm, focused, and trained on the transaction timeline. That is why choosing a real estate agent who is well respected by either spouse. With the real estate agent remaining neutral it benefits the outcome into a win-win.
Let's face it, tempers tend to flare, and spontaneous actions do occur because it's a stressful and emotional time. The agent must know what to say and do when those times arise. The agent must keep the buyer's side remaining interested, calm, and patient. The agent experienced in this niche knows how to hold the deal together.
In a typical real estate sales transaction, the agent usually works with two attorneys representing both sides. With a divorce involved, an agent could have as many as four attorneys to converse with on various matters concerning the sale. The goal of the agent is to handle or prevent problems from happening. The right agent has the means to problem-solve the impossible and make it look easy. They don't give you excuses; they provide you solutions. You shouldn't ever feel uncomfortable having to call your agent to ask questions or discuss concerns.