√Has your client signed a (Partial) Property Settlement Agreement or has the court entered a Divorce Decree?
√How does the Agreement or Decree address the home?
√Have you reached an Agreement on the major assets of your marriage?
√Who will maintain exclusive use of the marital residence during the separation period?
√When have the parties agreed to list the home?
√How will a party be reimbursed for repairs to get the home in show-ready condition?
√How will the parties manage lowering the price?
√How will the parties mediate disagreement?
√How will one spouse potentially buyout the other spouse—at what valuation?
√Before you give advice, understand the psychological interplay at work between the parties.
√Proving fault does not mean a client will be able to keep the house outright—and rarely alters property division by more than a few percentage points.
√Always use an honest, accurate home appraisal—a fudged report will disrupt the prospect of settlement.
√If a non-earner spouse is concerned of how to meet mortgage/expense payments during separation, have them speak to their attorney about a pendente lite/temporary hearing to ensure the home mortgage is paid until a decree/agreement is entered.
√You’ll know you truly understand the psychology of decision-making of your client when they rely on you for decisions, and how personally they show their gratitude at the end of the matter.
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