Divorce Real Estate

With a national divorce rate over 50%, the family home remains one of the most valuable assets in divorce that typically must be sold. NOT selling the house is among the riskiest divorce options and can potentially have future disastrous results.

To protect your rights NOW, you need a real estate agent who specializes in divorce real estate–a RCS-D REALTORS®, or divorce realtor, and the Lynch Group is specially trained to neutralize divorce real estate and treat the house sale as a business transaction, working in the “best interest of the house” and each divorcing spouse.

The Lynch Group is essential for divorcing home owners to successfully represent the seemingly separate interests of divorcing homeowners.  This is especially true given sellers are many times at odds with the sale and each other.

BOTTOM LINE, What you don’t know during your divorce will hurt you long after the divorce is finalized.  Major mistakes in divorce real estate are preventable during your divorce but are not fixable after your divorce.  Keep in mind divorce does not automatically cancel or sever your joint mortgage or any joint ownership of your house.  These mistakes often result in damaged credit, mortgage default, foreclosure or even bankruptcy.  These mistakes ruin finances, families and futures years after divorce.

To protect yourself and your financial future, make sure you know what you owe, what you own, what you are getting into, what you are getting out of, and most importantly–what you may be getting stuck with–before it’s too late!

Whether your divorce is completed, just beginning or some-where in between, the Lynch Group can help you determine your best options now for a fair property settlement and a stronger financial future.


1. Using An Appraisal To Find Value

An appraisal is only part of the value equation.  An appraiser will not crawl under a house to check for moles or termites, nor will an appraiser check legal issues with the home which could drastically change the property’s value.

2. Not Conducting Professional Pre-divorce Home Inspections

By not conducting specific inspections such as termite, general home inspection, pool inspection, roof inspection, owners will not know the condition of their property and what problems they are keeping or selling.  The results of these inspections contribute to the property’s value equation.

3. Not understanding Options And Consequences Of Keeping Or Selling Property

Should I stay or should I go?  This is a very important question all divorcing couples need to decide.  More than ever in the real estate market owners need to be educated on the options of keeping or selling property.  Questions arise such as: who should be on title, who is financially responsible for the mortgage(s), what are the options to selling, does the home have equity, what happens if I short sale or let the home go into foreclosure?   How is my credit affected in each situation?  All these questions and more need to be addressed when dealing with property.

4. Not Completing A Title Search

What is so important about title?  This necessary search reveals who has claims to your property.  Is there a home equity line still open?  Has some one or company attached a lien on your home that you may not be aware of?  This search is most of the time overlooked, but is essential to determining true value of your property.

5. Not Consulting A Mortgage Professional

Many times one spouse would like to remain in the home due to children attending school, lifestyle comforts, pride, property value or an unbreakable attachment to the property.  The spouse assumes they can refinance the other party off the loan and title.  Promises are made during the divorce process and towards the end of the divorce, the spouse finds out they do not qualify for the loan separately.  This may result in a big delay in the divorce and making decisions that could lead to disastrous results after the divorce is final.

6. Leaving One Person On Title And Both On Mortgage Note

This is the most common and worst decision a divorcing couple can make.  What happens if the person on title decides not to pay the mortgage?  It can have a negative impact on credit scores of the other person still on the mortgage.  The best solution here is to sell so there is no risk to either party’s credit.  This is the only way to financially divorce each other.

7. Not Conducting An Insurance Inspection

Home insurance has a public report attached to it like your credit score.  It is called a C.L.U.E. report.  It is imperative to inspect this report to make sure no false information has been reported on this report.  False reporting or fraud can make your home non-insurable.

8. Not Conducting A Tax Bill Inspection

Divorcing couples need to know if their tax bill has been paid.  If not, this cuts into the equity of the home.

9. Not Staging A Property

Not doing repairs/upgrades.  If selling the property is the plan, divorcing couples try to skimp on cost by not investing in repairs and staging of a home.  With a small investment to fix up a property and staging the home to sell, sellers will realize a higher sales price and eliminate the buyer’s impression that the home is stigmatized by divorce.

10. Not Getting A Home Warranty

Living patterns change in a home when one person moves out.  An appliance may break, a plumbing leak happens, the water heater blows.  Divorcing couples do not have the extra time, money or resources to fix these items.  A home warranty is the best solution to inexpensively take care of theses unforeseen repairs.

Learn how to avoid devastating divorce real estate mistakes.

  • This field is for validation purposes and should be left unchanged.
© 2018 The Lynch Group OC • All rights reserved
Ask the Lynch Group
a Real Estate question.