How to Sell Your Marital Home in a Stress-Free, Amicable Way
Introduction: Selling the Marital Home Without the Stress
Divorce is challenging enough without the added anxiety of selling a home. For many couples, the marital home holds memories, represents financial stability, and can even become a sticking point during separation. However, if you both agree to sell, there’s good news: with the right plan in place, selling your marital home can be a straightforward and even amicable process. At Haas Mediation, we help couples work through the details of selling their home as part of their divorce agreement. With every detail worked out ahead of time, you’ll reduce stress and avoid misunderstandings.
In this guide, we’ll explore how mediators can help you create a comprehensive plan for selling your marital home that leaves no stone unturned, from choosing a real estate broker to splitting costs. By the end, you’ll see that with a clear game plan, selling the marital home can be one less thing to worry about during your divorce.
1. Choosing a Real Estate Broker Together
Choosing the right real estate broker is a big first step in selling your marital home. But who should make that decision? Should you go with a friend’s recommendation or the one you found online? Here’s where mediation can help. Mediators can facilitate a discussion about the qualities both of you want in a broker and guide you through a fair selection process.
Some things to consider when choosing a broker:
Experience in Selling Similar Properties: Look for someone who has experience with homes similar to yours—whether it's a single-family home, condo, or co-op.
Reputation and Reviews: Review online testimonials, ask for references, and make sure both of you are comfortable with the broker's track record.
Commission Rates and Contract Terms: Discuss the broker’s commission and ensure you’re both aligned on any contract specifics.
With a mediator’s guidance, you can agree on a shortlist of brokers, conduct interviews together, and choose a broker that both parties feel comfortable with. You’re officially on your way.
2. Agreeing on the Initial Listing Price
Setting the right price is crucial to a quick sale. However, agreeing on that price can be challenging, especially when both parties may have different expectations or emotional attachments to the home. Your mediator can help you approach this decision objectively.
Here’s a process for agreeing on the initial listing price:
Broker’s Market Analysis: Your chosen broker will typically provide a Comparative Market Analysis (CMA) based on recent sales of similar homes.
Independent Appraisals (If Needed): If there’s a large discrepancy in expectations, some couples find it helpful to get an independent appraisal.
Open Discussion: The mediator will guide an open discussion about the CMA and/or appraisal, helping each person understand the market conditions and come to a realistic price decision.
By discussing and setting the listing price in mediation, you’ll establish a foundation for a fair sale without the tug-of-war that often comes with pricing disagreements.
3. Agreeing on Price Adjustments During the Listing Process
If the home doesn’t sell within a set period, it might be necessary to lower the price. This is often a source of conflict, but a mediator can help you agree on a price adjustment strategy upfront.
Here’s how mediators can help:
Define Triggers for Price Reductions: For example, you might agree to lower the price after 30 or 60 days if there are no offers.
Set Percentage Decreases: Decide together on the percentage or dollar amount to reduce if adjustments are needed.
Regular Check-Ins with the Broker: Schedule check-ins to review feedback from showings and discuss any necessary changes to the listing price or marketing approach.
By having a pre-defined price adjustment plan in your agreement, you’ll avoid future disagreements and keep the sale process on track.
4. Choosing a Real Estate Attorney
In most home sales, a real estate attorney is essential for handling the paperwork and legalities. But should you each have your own attorney, or can you share one? Mediators can help facilitate this choice based on your individual needs and the complexity of the sale.
Options for selecting an attorney:
One Joint Attorney: For a straightforward sale, sharing an attorney may be a cost-effective choice.
Two Separate Attorneys: If there are any complexities in ownership or specific concerns about fairness, having separate attorneys may be wise.
Mediators will help you weigh these options and come to an agreement that makes both parties feel comfortable.
5. Determining Who Covers Carrying Charges Before the Sale
While the home is on the market, someone has to cover the ongoing costs—mortgage payments, utilities, repairs, and potentially any overdue bills (arrears). A mediator can help you create a fair arrangement for these expenses, preventing any last-minute disputes over who should pay what.
Here’s what to consider:
Mortgage Payments: Decide if payments will be split equally or if one party will be responsible. If one spouse pays down the principal, discuss whether they’ll receive a credit for that amount at closing.
Utilities and Maintenance: Agree on how to split monthly bills like electricity, water, and gas, as well as any necessary maintenance or repairs.
Arrears: If there are outstanding bills (like unpaid utilities or HOA fees), decide together who will be responsible for these amounts or if they will be deducted from sale proceeds.
By discussing and documenting these details in mediation, you can avoid stressful financial surprises later.
6. Typical Costs of Sale / Transfer of Ownership
Selling a home isn’t just about finding a buyer—it’s also about managing the costs that come with the transaction. A mediator can help you work out who will be responsible for each expense, ensuring everything is clear and equitable.
Here’s a breakdown of the typical costs and how mediation can help:
Repairs and Staging Costs: Agree on how much you’re willing to invest in repairs or staging to make the home more marketable. Will these costs be shared, or will one party cover them?
Legalization of Improvements & Title Issues: If there are any unpermitted improvements or title issues, decide how you’ll handle these expenses together.
Transfer Taxes and Filing Forms (ACRIS Forms): Transfer taxes are common in some states. Work out who will cover these costs and who will handle any associated paperwork.
Legal Fees for Real Estate Attorney: Agree on whether legal fees will be split or if each party will cover their own.
Co-Op Transfer Fees (If Applicable): For co-ops, there may be additional fees, such as flip taxes or co-op attorney fees. Determine in advance who is responsible for these costs.
Refinance Fees in Case of a Buyout: If one spouse is buying out the other’s share, there may be refinancing fees to consider. Mediators can help you decide who should cover these expenses as part of the agreement.
By outlining and agreeing on each of these costs during mediation, you’re creating a transparent financial plan that will prevent surprises and misunderstandings.
How Haas Mediation Can Help You Sell Your Home Amicably
At Haas Mediation, we believe that selling your marital home doesn’t have to be a painful process. By working with a mediator to outline every detail—from choosing a broker to splitting the final sale proceeds—you can move forward with a clear, amicable plan that respects both parties’ needs.
Our mediation services help you create a personalized “game plan” that’s fully incorporated into your divorce agreement, ensuring there’s no confusion or room for conflict as you navigate the sale process. We’ll guide you through each step, facilitating open communication and problem-solving so that you both feel secure in the decisions being made.
If you’re ready to sell your marital home in a way that minimizes stress and keeps things amicable, schedule a 15 minute intro call with the button below to learn how we can help. By having every detail worked out upfront, you can focus on moving forward instead of worrying about who’s responsible for what.
