How to Have a House Sold After a Divorce Agreement
- 1). Review your settlement or divorce agreement. Most knowledgeable lawyers anticipate disagreements between divorcing spouses. You may be able to select a real estate agent, but your ex-spouse most likely will have to agree upon your selection. If you have the rights to select a real estate agent, again, your ex-spouse most likely will have to agree on your ultimate selection.
- 2). Find a real estate agent. Unless you have at least a basic understanding of your state's contract and property laws, finding a real estate agent is the best idea. All states, except New Jersey, require professional licensing.
- 3). You and your spouse will have to sign real estate contracts transferring jointly owned property and real estate commission agreements. In most states, sellers are responsible for paying real estate commissions. You and your spouse most likely will have to pay real estate agents from the final sales proceeds.
- 4). Locate a buyer. You and your former spouse will have to agree upon the sales price and any contract contingencies.
- 5). Find a settlement agency. Your real estate agent probably will recommend one. Once you and your spouse agree upon a sales price and closing date, you both will need to plan on attending the settlement, or you each will need to draft a power of attorney authorizing a third party to sign legal documents on your behalf.
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