“We are divorcing and selling our jointly-owned marital residence.
My husband is calling all of the shots, insisting on using the Realtor that he chose. I don’t know what’s happening, and have ideas that I want to be heard.”
Technically, only one party is required to sign the listing agreement, which is an employment agreement between the Realtor and owner, but it is best if both of you are on board.
Signing a one-party listing agreement can create problems and bind you to many things, including paying a commission.
Also, make sure that you understand the Court’s dissolution injunction order, before moving forward with putting the house up for sale. Many decisions need to be made when selling your home.
This can be challenging when you’re also facing a divorce. Odds are, you are in conflict with your spouse, to begin with, and making joint decisions may be difficult.
Unfortunately, the Realtor may feel uncomfortable and caught in the middle. He or she may not know how, or not want to deal with the conflict or gravitate towards one party to avoid the conflict.
Your Realtor’s Responsibility to You During a Divorce in Arizona
A Realtor has a fiduciary responsibility to both parties. They are working for both of you and should treat you fairly and equally. You should have trust and confidence that your agent is working in the best interests of both of you.
You both have legal rights when it comes to making decisions about listing, marketing and selling the property, and those rights should be respected.
Try directly working issues out with your spouse. Sometimes your Realtor may have solutions. Also, both of you should jointly interview and agree on an agent.
Hopefully, you can come to an agreement. If not, speak with your attorney about possible solutions. Here are some tips to finding a Realtor during divorce. Does the agent:
*Have experience in working in the divorce realm?
*Have a communication plan for times of conflict?
*Have a plan that will give both of you a voice?
*Have a neutral relationship with both parties?
It is best to use a neutral third-party Realtor, one that does not have a bias towards either of you. For example, a friend or relative, while perhaps offering to save you money, may, in the long run, create problems due to an inherent bias.
Relationships change in divorce and can become very emotional. Listing your home for sale and negotiating the sale is challenging in and of itself.
You will have peace of mind if you have the right agent. Take your time and ask lots of questions. Remember, this person is working for you and with you, and you need to trust what they are doing.
For additional tips on selling your marital residence during a divorce, please call: Chris Carter-Kent, CLHMS, RESC, RCS-D Your Transition Concierge Realty Executives 480-388-0662 ChrisCarterKent@gmail.com www.ChrisCarterKent.com.
If you have questions about finding a realtor in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community property and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property or family law case around today.
More Articles About Arizona Community Property Laws
- Community Lien on Sole and Separate Property in Arizona
- Community Lien in Arizona
- Community Liens Separate Property in Arizona
- Community Property and Personal Guaranty in Arizona
- Determining Community Versus Sole Property in Arizona
- The difference Between Community and Separate Property in Arizona
- Disclaimer Deed in a Divorce in Arizona
- Divide Retirement Accounts in an Arizona Divorce
- Dividing Property Not Included in Divorce Decree in Arizona
- Division of Debt in an Arizona Divorce
- Do Rules Regarding Property Apply to Debts in an Arizona Divorce
- Enforce Division of Property and Debt in an Arizona Divorce
- Enforcing a Property Settlement Agreement in Arizona
- Filing a Lis Pendens in a Divorce in Arizona
- How is Property Divided in a Divorce in Arizona
- How to Divide Property in Arizona When a Spouse is Hiding Assets
- Is All Property Community Property in Arizona
- Is Arizona a 50 50 State in a Divorce
- Is Separate Property Divided in Arizona Divorce
- Marital Property Laws in Arizona
- Military Retirement Pay and Divorce in Arizona
- Pensions and Divorce in Arizona
- Separate Property Used to Purchase a Home During Marriage in Arizona
- Sole and Separate Property Divorce Arizona
- Is a Spouse Liable for Credit Card Debt in Arizona
- Stock Options Divided in an Arizona Divorce Case
- Stock Options in an Arizona Divorce
- Unequal Division of Property in Arizona Divorce
- Unfair Separation Agreement in Arizona
- Valuation and Distribution Options For Pensions in an Arizona Divorce
- What is Community Property in Arizona
- What is Separate Property in Arizona
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.