Common Real Estate Questions Attorneys Should Ask Their Clients
In divorce cases involving real estate, the quality of the outcome often hinges on the clarity and completeness of early communication. For family law attorneys, asking the right questions at the outset can prevent delays, conflict, and financial missteps down the road. Whether the property is being sold, refinanced, or retained by one party, real estate is rarely straightforward. This blog explores the essential questions attorneys should be asking their clients about marital property—and how collaboration with a Certified Divorce Real Estate Expert (CDRE) can elevate the process.
🧠 Why These Questions Matter
Real estate tends to be the most valuable asset in a divorce. Yet, it’s also the asset most impacted by emotion, delay, and miscommunication. Attorneys who proactively gather detailed real estate information can:
Set clear client expectations
Reduce surprises later in the case
Facilitate a smoother transaction with fewer legal complications
Know when to bring in a CDRE early
Let’s look at the key questions attorneys should include in their intake or early client meetings.
🏡 1. Is the Property Community or Separate?
Ask: "Was the home purchased before or during the marriage?"
Why it matters: In Arizona, property acquired during the marriage is typically considered community property, even if it’s titled in only one spouse’s name. However, separate property contributions (like a down payment from before the marriage or an inheritance) may entitle one spouse to reimbursement.
How a CDRE helps: A CDRE can create a timeline of the property’s acquisition and financial contributions to assist with tracing and documentation.
📝 2. Who Is on the Title and the Mortgage?
Ask: "Whose names are listed on the title and the mortgage?"
Why it matters: Being on the mortgage creates financial liability, while being on the title determines ownership. These often differ. One spouse may be responsible for the loan but have no legal claim to the home—or vice versa.
How a CDRE helps: A CDRE can pull preliminary title reports and mortgage info, clarify ownership structure, and provide supporting documentation.
💰 3. What Is the Current Market Value?
Ask: "Do you have an idea of what the home is worth today?"
Why it matters: Knowing the home’s value is essential to calculating equity and determining the feasibility of buyouts, refinances, or listing prices.
How a CDRE helps: CDREs provide accurate market analyses tailored to divorce scenarios—not inflated values designed to win a listing.
🧾 4. Are There Any Liens or Debts Tied to the Property?
Ask: "Do you have any second mortgages, HELOCs, tax liens, or HOA delinquencies?"
Why it matters: These liabilities can delay or derail a sale. Identifying them early allows for proactive solutions.
How a CDRE helps: CDREs often discover encumbrances through title review and coordinate with title companies and attorneys to resolve them.
🔧 5. What Is the Condition of the Home?
Ask: "Has the home been maintained, and are there any known repairs needed?"
Why it matters: Deferred maintenance impacts marketability, appraisals, and potential legal disputes about sale proceeds.
How a CDRE helps: They perform walk-throughs and create photo-based condition reports, highlighting issues and estimating costs.
🚫 6. Are Both Parties Willing to Sell?
Ask: "Is there agreement on selling the home, or is one party resistant?"
Why it matters: Non-cooperation can lead to delays, court intervention, or an order of sale. Planning ahead helps prevent escalation.
How a CDRE helps: CDREs are trained in conflict resolution and provide neutral, documented communication to keep both parties engaged.
🛑 7. Has a Buyout Been Discussed?
Ask: "Is one party interested in keeping the home through a buyout?"
Why it matters: Buyouts affect timelines, financial planning, and emotional decisions. Understanding intent early allows for valuation and refinance coordination.
How a CDRE helps: They assist with fair market valuation, and in some cases, help clients connect with lenders who understand divorce situations.
📦 8. What Personal Property Issues Might Arise?
Ask: "Are there any disputes over furniture, fixtures, or other items in the home?"
Why it matters: Personal property often becomes a sticking point late in the sale process. Attorneys should encourage clients to resolve these matters well before closing.
How a CDRE helps: While CDREs do not mediate personal property disputes, they ensure all items are removed prior to closing and can provide neutral reminders as needed.
📍 Arizona-Specific Considerations
In Arizona, community property laws and strong seller disclosure requirements make it even more critical for attorneys to ask these questions up front. For example:
SPDS (Seller Property Disclosure Statement) is required in most cases and must be signed by both spouses if they’re on title.
HOA resale packages can take time to acquire—especially if spouses disagree on paying the fees.
Arizona anti-deficiency statutes may apply if there’s a short sale or foreclosure.
A CDRE who understands these nuances can help avoid last-minute legal surprises.
📈 Case Example
A Scottsdale attorney was helping a divorcing couple where the husband had agreed to a buyout but refused to leave the home until the funds were wired. The CDRE on the case coordinated with the title company, arranged a mobile notary, and ensured all documents were signed before recording. The buyer moved in the next morning—without conflict.
Had these real estate issues not been discussed early, the attorney could have faced delays, client dissatisfaction, or worse—litigation.
🧩 Why Collaboration Is Key
When attorneys and CDREs collaborate from the beginning:
Clients feel supported
The process stays on track
The attorney is free to focus on legal strategy, not home logistics
The right questions—and the right expert—can change the trajectory of your case.
Are you asking the right real estate questions in your divorce cases?
If not, now’s the time to integrate these into your intake process and partner with a CDRE who can help answer them.
📱 Call, text, or email Barbara Woyak today to learn more about how she supports attorneys like you throughout Phoenix and Scottsdale.
Barbara Woyak
Certified Divorce Real Estate Expert
Trusted by Family Law Attorneys in Maricopa County
[Phone] [Email] [Website Link]