By: Edward McCarthy
President: Sell By Owner Listings, Inc.
FSBO In Divorce?
There seems to come a point in almost every
marriage where things just are not working out any more. As tragic as
it may be, one out of every 2 marriages have ended in divorce. In
today's age of quick marriage and "easy do-it-yourself divorce" it is
not as big of a deal as it once was to say, "I do" and then decide that
you don't… In some cases, things can get rather messy.
It is at times in the best interest of both
parties to enlist the aid of an experienced attorney to better carry
out the particulars of dividing property and assets, but sometimes this
is not necessary. There have been cases, although rare, where the
individual parties can sit and discuss the property and asset division
and come to some sort of mutual agreement as to who gets what, but most
of the time this is not the case.
As emotions are high and things can easily turn
volatile, dividing property without a third party present can be a
tricky and even undesirable process. However, in the event that the two
parties can agree to come together and rationally discuss the property
division without incident, sometimes selling the home and dividing the
proceeds is the best method of being fair. It is often a difficult
procedure to decide who will get the house, especially if the couple
has shared life experiences as well as mutual friends in the
surrounding area. For one party to get the house would be to force the
other party to start over in a sense. In order to maintain equality and
to minimize the squabbling over yet another item, selling the home and
splitting the case is a very attractive proposition.
Although the relationship may have failed, the
selling of your home is something that should involve both parties. It
is petty to focus on whose name is on the mortgage note, if in fact
only one person's name is present on the note. Both parties have a
claim to the home if only for emotional ties. This is something that
should be approached with a sense of unity over a business transaction.
If no other agreement in this situation can be reached, it must be
looked at as simply a business transaction. The guidelines for
advertising and for carrying out the sale of the home should still be
followed to the tee. The selling price of the home should not be
dictated by the amount of cash that is desired to be split by the
dissenting parties, but rather the profit from the sale itself should
be split equally and without incident.
A divorce can be a terrible and life-altering
process. The complexity of closing a real estate deal in the midst of
or as a result of the divorce can be downright overwhelming. However,
with a little tact and dignity, the desired result can be accomplished.
If all parties remain cool and collected, and the transaction is
handled respectfully, it can turn out to be a mutually beneficial
process.
Compliment your home for sale by owner
listing with an effective
media ad
Save time and money... buy
a home online!.
Have you ever wondered...could I sell my
home by owner and not pay a cent in commissions?
Easily search by State to find house
listings near you.
Have questions? Read more about our online home
selling service. Need more information? contact
us anytime.
|