# Selling home during divorce



## db52993 (May 7, 2013)

Currently in divorce proceedings and, my soon to be ex and I, need sell the marital home. My question is should I tell the realtor that I am currently going through divorce and is part of the settlement process? What have you done?

The realtor will be dealing with me since I am living in the marital residence.


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## WorkingOnMe (Mar 17, 2012)

They'll probably need to know. The title company definitely needs to know, once you have an offer.


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## honcho (Oct 5, 2013)

db52993 said:


> Currently in divorce proceedings and, my soon to be ex and I, need sell the marital home. My question is should I tell the realtor that I am currently going through divorce and is part of the settlement process? What have you done?
> 
> The realtor will be dealing with me since I am living in the marital residence.


It's a good idea to explain the situation. Offers will take longer on your side of the fence because your stbx will need to sign off on offers also, you got lawyers looking at things etc.


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## SadSamIAm (Oct 29, 2010)

When I bought my first house we were dealing with a couple that was separated and going through a divorce. They were selling their house without a realtor (for sale by owner). We were dealing with the wife. Never met the husband.

We offered the wife $79,000 (27 years ago) for the house but she said that it wasn't enough. She said her husband would be OK with it, because he just wanted it sold. But she wasn't willing to sell it for that. She also said she really wanted it sold though because she was going away for a week with her boyfriend.

So I offered her the $77,000 plus $2,000 cash that she could spend on her holiday and her husband would never need to know about it. We signed the papers that night.


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## Ynot (Aug 26, 2014)

As with everything in real estate it all depends. How far are you along in your divorce, hearing scheduled, final decree coming soon, etc? Also how are you and the STBX getting along. If selling the house is a collaborative effort, it probably isn't necessary to notify anyone about your personal business. OTOH if your divorce is contentious it might be best to let every one know. The real problem comes like the post before mine by SadSam, where someone comes along and plays the two sides off against each other to get a better deal. Your property is worth what it is worth, regardless of your marital situation. When the time comes to sign the final papers all parties would need to be in agreement anyways. If your divorce is imminent than why not just wait until the deal is done and then sell the house.


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## kristin2349 (Sep 12, 2013)

I wouldn't tell the Realtor, it is not any of their business and it could result in lowball offers from people trying to take advantage of the situation.


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## Malpheous (May 3, 2013)

The only person that needs to know is both lawyers. It's best to get them engaged to be sure you sell it in the best interests of both parties. If papers have been filed and there isn't a judgement yet for asset distribution, it could be an issue. Best to let your lawyers know and be sure it's done properly.


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## db52993 (May 7, 2013)

The settlement papers are being signed tomorrow (4/15/16) and a few days later my ex will sign it. We are not speaking to each other, but the divorce is amicable. She is aware of me selling the house. My concern is that I don't want low ball offers. Yet, I guess at the end of the day, I don't have to agree on the price being offered either. We both have to agree on the price.


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