Dear Attorneys,
My divorce has been pending for six months. My attorney says she doesn’t know when it will be done. I want to sell my house now, so that I don’t miss the spring market. Why can’t I just list it? She keeps telling me not to, but it’s only my name on the property, so I think I should be able to.
Sincerely,
Leslie Listing
Dear Leslie,
This is a common question from a lot of our clients. The main issue is that even though your name may be the only one on the property, so long as you acquired the property during the marriage, it is considered a marital asset. That means that you cannot dispose of it during the divorce process unless you have a written agreement, or a Court Order, to do so. Very often, parties won’t agree to sell a house during the process because one party may not want to, or because the parties have not yet agreed as to how to divide the funds. However, if it’s the latter, you should consult with your attorney about reaching an agreement to list the residence, but also include a clause to escrow any proceeds until a final agreement can be reached. This is a concept that we frequently use so as to not hold up the sale any longer than necessary.
Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
