Many have heard horror stories about what can happen when one spouse doesn’t want to sell and the lengths they can take to hurt the chances of selling the marital home during or after a divorce.
Even if only one spouse is on the deed, the spouse not included on the deed will be required to sign off at closing to release their homestead rights. Because of this, both parties need to be involved in the transaction and need to be available to the Realtor® for questions or through negotiations and signing of documents. If one party refuses to cooperate or is otherwise hindering the sale process, they should sign off to remove themselves from the process or there must be a court order allowing the cooperative party to proceed with the sale without the other party’s participation.
Whether you are the party wanting to sell or adamantly against selling, you should speak with your attorney about what can be done legally to make the process easier and understand how your actions or inactions during the sale process can have serious ramifications in your divorce or post-divorce action.
Ann Bennett has over 10 years experience as a practicing attorney specializing in the areas of family law, probate and real estate. She brings her experience and expertise to benefit her clients in selling or purchasing a new home. She is client focused, detail oriented and work to get the best results to meet her client’s needs. With her history in the legal field, she is also uniquely qualified in handling the special needs of attorneys, divorced or divorcing parties or the executors and heirs through the probate process.