The listing agreement was signed and we were ready to go to market. My clients were eager to move on after a very long divorce process, and the Separation Agreement was close to being finalized. The major pieces had been discussed. Everyone believed they knew where things were headed and that they had a deal.
There was just one problem. It wasn't actually signed.
So I pushed the pause button on the listing.
Not because the house wasn't ready. Not because the market wasn't right. And certainly not because I didn't want to get it sold. I paused because I understood what could happen next.
One of the parties was ready to start the next chapter and had put a conditional offer on another property. Their buyer agent had recommended waiting until the Separation Agreement was signed. But when you've been going through a divorce for a long time and everyone seems to have agreed, it's easy to think, "We're basically there. It'll be fine."
I've seen "we've agreed on everything" become "there's just one more thing" more times than I can count. And that "one more thing" can change everything.
That's the problem with making plans before your Separation Agreement is signed. You don't actually know your numbers. You may be expecting a lump sum, a payout over time, or proceeds from the sale of the matrimonial home, but until the Agreement is finalized, those details aren't necessarily settled.
And if you're relying on financing for your next purchase, your lender demands documentation. A verbal understanding between separating spouses isn't enough. They need the terms in writing.
No signed agreement, no certainty about financing.
Had that conditional offer become firm before the Separation Agreement was signed, one party could have been legally committed to purchasing a home without knowing for certain that the money would be available to close. That's when selling the matrimonial home could have created a second problem.
Which is why one of the first questions I ask divorcing clients who want to sell is this: "Where are you going?"
Before we talk paint colours, staging or listing price, I need to know there's a plan.
Are they renting? Moving in with family? Do they already have somewhere to go? Will either of them need to purchase another property?
Selling the matrimonial home isn't an isolated transaction. It is one piece of a much larger process, and I need to understand what happens to both parties when that house sells. If either party needs the proceeds from the matrimonial home to make their next move, I want to know that the legal and financial pieces are actually in place before I put a For Sale sign on the lawn. Because once the house is listed, we've started a process that has consequences.
Offers may come in. Negotiations begin. Buyers make decisions based on the representation that this home is genuinely for sale. That is not the time to discover that one of the sellers isn't actually in a position to move forward.
My job isn't simply to get the house listed. My job is to get both parties safely through the sale.
Sometimes that means recognizing a problem before it becomes one. Sometimes it means saying, "Not yet". That's what happened here.
A few terms in the Separation Agreement still needed to be worked through, and finalizing them took a little longer than anticipated. That delay reinforced exactly why I had pushed pause in the first place. It's also what I mean when I talk about conflict costs. When issues remain unresolved, even a relatively short delay can add time, expense and stress to a process that has already taken enough of all three.
Had we rushed the house onto the market because everyone was anxious to move forward, we could have introduced a real estate transaction with buyers, offers, deadlines and legal obligations into a divorce process that wasn't quite ready for it.
Instead, we waited.
Once everything was properly in place, we went to market. Within days, we had offers on the table, and both parties were finally in a position to move forward.
That's an important part of this story. Waiting didn't cost my clients their sale. It protected it.
There is tremendous pressure during divorce to just get the house sold. I understand it. The matrimonial home can feel like the last enormous piece standing between two people and the next chapter of their lives. But selling it isn't simply a matter of putting a sign on the lawn and finding a buyer. There is an order to this.
Your Realtor needs to understand the separation process, the legal documents that affect the sale, what happens to the proceeds, where each party is going next, and whether both people are actually in a position to complete the transaction.
I work alongside the lawyers and other professionals involved rather than treating the real estate transaction as though it exists in its own little bubble. And I will push the pause button if I believe moving ahead could put either party - or the transaction itself - at risk.
I've been through two divorces myself. I understand the pull to just get it over with. But I've also learned something from working with people going through it. Momentum and progress are not always the same thing.
Sometimes the fastest way forward is to step back and make sure the pieces are in the right order first. If your next step involves purchasing another home, don't build that purchase around a verbal agreement. Build it around a signed one.
Then we put the sign on the lawn.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Views expressed are my own. Please consult a lawyer for advice on legal matters.
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