Divorce & Family Law Attorneys

A Board Certified Family Lawyer serving Tampa, FL since 1996

Collaborative Divorce Roles: The Divorce Real Estate Professional

On Behalf of | Sep 6, 2017 | Divorce, Firm News

There is frequently one large asset that divorcing couples must consider as they begin to separate their lives and finances—the marital home.

Site of many memories, both good and bad, the marital home comes with a lot of baggage. Frequently, one party wants to stay in the marital home, though, depending on the finances, that isn’t always possible. It may be necessary to sell the marital home and to purchase or rent two separate homes or apartments.

How Does Real Estate Factor into Collaborative Divorce?

The marital home is often the largest asset divorcing couples share. While splitting a 401K or Roth IRA is never fun, it is generally not as difficult as determine whether and how to sell one’s home. Having a real estate agent that understands the complexities of divorce can help make the process easier.

In most cases, the marital home is seen as belonging to both parties. That means it’s essential for both parties to work together to sell the home. While some duties may be assigned to one party or the other (for example, scheduling showings or painting the trim), both parties are expected to be part of the process and to meet with the real estate agent, who, because he works for both parties, should be considered a neutral.

A real estate agent may also help parties find new accommodations for post-divorce life. Because these will be separate homes or apartments, the real estate agent will be conferring solely with the future resident in this scenario. Utilizing information gathered by the financial neutral and agreed to by both parties, they will be able to assist divorcing parties in locating housing that fits their budgets.

Choosing a Real Estate Agent that Understands Divorce

Choosing a real estate agent and selling one’s home isn’t necessarily easy under the best of circumstances. Doing so during the pressure-cooker of a divorce can be even more challenging. If it is determined that selling the marital home or other property during the divorce is in the best interest of both parties, you may be able to seek a recommendation on real estate agent that understands divorce (and maybe even the collaborative process) from your collaborative divorce attorney or your financial neutral.

The main goal is to choose an agent that understands the delicate situation your family is in and who is willing to work together with both parties.

Is Collaborative Divorce Right for You?

If you’re considering collaborative divorce, consider consulting with a skilled Tampa collaborative divorce attorney. During your consultation, you’ll learn about your different options and have an opportunity to voice your concerns. Every case is different, and consulting with a Tampa collaborative divorce attorney provides you with the opportunity to discuss the specifics of your situation to better determine whether the collaborative divorce process is appropriate.

There’s a lot of information available online regarding collaborative divorce, however, it is always best to speak with a Tampa collaborative divorce lawyer to learn more about how this process may work for you. Once you’ve established a relationship and determined that you’d like to proceed with a collaborative divorce, you’ll be able to share information with your spouse so they can learn more about the process, and discuss other necessary professionals with your collaborative divorce lawyer.