How Attorneys Can Help Ensure a Smooth Home Sale
In divorce cases involving real estate, the road to closing can be filled with speed bumps. But when family law attorneys work closely with a Certified Divorce Real Estate Expert (CDRE), the process becomes smoother, more transparent, and less stressful for everyone involved. In this blog post, we’ll explore how attorneys can actively support a clean and efficient real estate transaction and why doing so isn’t just smart—it’s essential.
🏡 Real Estate Sales in Divorce Are Unique
Unlike traditional property sales, divorce-related sales come with layers of emotional, legal, and logistical complications:
Disagreements over pricing
Delays caused by one party dragging their feet
Unclear or missing court orders
Disputes about who handles repairs or closing costs
Buyers backing out due to showing restrictions or property condition
Attorneys are key players in keeping the process on track. Here’s how they can help ensure success.
🔢 1. Draft Clear and Comprehensive Court Orders
Why it matters: Vague court orders create confusion. Orders should spell out timelines, responsibility for repairs, authority to sign listing and closing documents, and how proceeds will be split.
Attorney Tip: Use sample order templates provided by your CDRE. These often include language vetted through previous cases and help eliminate ambiguity.
💬 2. Maintain Open Communication with the CDRE
Why it matters: Real estate professionals need to know when timelines shift, new rulings are issued, or when one spouse becomes uncooperative.
Attorney Tip: Give your CDRE permission to reach out directly for questions or updates. Schedule short check-ins as milestones are reached—listing, offer, inspection, and closing.
⚖️ 3. Stay Neutral, Even If Your Client Isn’t
Why it matters: Divorce litigation is adversarial, but real estate sales require cooperation. Attorneys can model neutrality and professionalism, helping clients focus on shared financial outcomes rather than emotional scores.
Attorney Tip: If one spouse is sabotaging the sale, work with the CDRE to gather documentation and request a court intervention if necessary. Don’t allow delays to drag on.
💰 4. Address Repair and Maintenance Issues Early
Why it matters: Homes with deferred maintenance scare away buyers or lower appraised value. Identifying these issues early avoids unpleasant surprises later.
Attorney Tip: Include repair allowances or credits in settlement negotiations. If one spouse lives in the home, outline who is responsible for upkeep during the listing period.
✉️ 5. Encourage Realistic Pricing
Why it matters: Overpricing leads to stagnation, while underpricing leads to disputes. CDREs prepare market-specific valuations based on actual buyer behavior—not inflated estimates.
Attorney Tip: Empower your CDRE to present pricing data to both clients and, if necessary, testify in court on pricing disputes.
📊 Case Example: Smooth Sailing with Early Attorney Involvement
In one Phoenix case, an attorney contacted CDRE Barbara Woyak before the decree was signed. Together, they crafted a court order that gave Barbara full listing authority, outlined who paid for staging and repairs, and specified a firm deadline for closing. The result? The home sold above list price in 10 days, with no disputes during escrow.
Contrast this with another case where no real estate planning occurred until months after the decree—by then, the home had suffered damage, both parties were arguing over showings, and the attorney needed to file multiple emergency motions just to get it listed.
🔍 Arizona-Specific Guidance
Disclosure Laws: Arizona’s Seller Property Disclosure Statement (SPDS) must be signed by both spouses on title.
HOA Resale Documents: Delays can happen if there’s a dispute over who pays the fee to obtain resale packets. Attorneys should negotiate this upfront.
Anti-Deficiency Protections: These laws can protect homeowners in foreclosure or short sale scenarios—but only if the home qualifies. Attorneys should review eligibility early.
✨ Benefits of Attorney-CDRE Collaboration
Faster listing-to-closing timelines
Reduced stress for clients
Fewer court interventions
Clear documentation for all decisions
📢 Final Thoughts
Real estate doesn’t have to be the messy part of divorce. With the right guidance and collaboration, it can actually be one of the cleanest.