Why is Divorce Real Estate the "elephant in the corner" of family courts nationwide

Divorce houses that are not sold (i.e. interspousal transfers) are too often over-valued or at least incorrectly valued based on over-reliance on appraisal(s) and/or inadequate valuation/evidence from either or both divorcing spouses. For example, without a home inspection and at least 1 title search before transfer between former spouses, the real estate is likely over-valued (from hidden defects and/or clouded title among other post-divorce legal and financial challenges).

Similarly problematic, the remaining divorce houses are generally sold (and prepared for sale) after the divorce decree is finalized and signed by the judge, that is:

after the house valuation process;
after the court assessed house value;
after the court divided the house “equity” between divorcing spouses;
after the Marital Dissolution [or Property Settlement] Agreement (a binding contract between divorcing spouses only modifiable by fraud or agreement of both parties and not subject to future “change of circumstances” review); and
after the divorce is final (and final distribution of marital assets – a key motivating factor during the divorce process). Although post-divorce motions to compel and contempt sanctions remain available, this option essentially re-opens a completed divorce (with extra legal fees and court costs).

After is oftentimes too late for divorcing families!
Thus, we encourage more/earlier - that is, more evidence of house value & more detailed house valuation much earlier in the divorce process and definitely before property settlement negotiations.
And we seek to empower divorcing home owners to Move Forward With More^TM through divorce real estate education.

Tel: 310-266-9463

Andre Plessis, CDPP, RCS-D^TM REALTOR^®

As a RCS-D^TM REALTOR^® I assist individuals who are either thinking about divorce or are in the process of a divorce. To protect your rights NOW, you need a real estate agent specializing in divorce, an RCS-D^TM REALTOR^®