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Four Ways to Avoid Breach of Contract When Selling the House

They say that the wheels of justice turn very slowly, and in that regard, we should be aware of the contractual conundrums that divorcing litigants face when selling their real property. In every real estate transaction, there are generally two contracts the owners enter into: 1) a Listing Agreement with the brokerage, and 2) a Purchase Agreement with the buyers. Each contract comes with...

February 15, 2025No Comments

Deferring the Sale

The chances of a real property buyout, or refinance in divorce cases has become less likely now than even before the market crash of 2008, thanks to interest rate hikes coupled with high home values. Because it is simply not feasible for many divorcing homeowners to qualify for a buyout mortgage, the trend of deferring the sale is increasing — along with the trends...

February 10, 2025No Comments

The Dangers of Missing Proceeds Distribution

This is as a friendly reminder to include proceeds division and distribution directives in sale-of-house orders between divorcing spouses! In addition to enforceability and protecting your clients' interest, here are a few of the issues we see when there are no orders or written agreement regarding distribution of proceeds at closing: • Sale sabotage: When parties living in the house have no idea if,...

February 05, 2025No Comments

1031 Exchanges in Divorce

Due to rising home values, when it comes time to sell real property that is part of a divorce proceeding, your clients may face hefty tax consequences. They may suggest to you that they can roll their capital gains from one property into another one, or if it is their homestead property in Florida, they may be exempt from tax liability up to certain...

January 30, 2025No Comments

Selling a Home Amidst a Divorce

Divorce can be messy…Selling your home shouldn’t be! During divorce proceedings there are many concerns that homeowners face that can dramatically reduce their net recovery. For example: How much is the home truly worth? How should the proceeds be divided after the sale? Which is the best title company to handle the transaction? How can tax or construction liens be released? Would it be...

February 21, 2024No Comments

Florida Probate Court Information

1. What is Probate? Probate is the method by which the assets of a deceased person are gathered, creditors paid, and the remainder of the estate distributed to beneficiaries. In most Florida counties, the probate system is conducted in a specialized probate division of the Circuit Court, under the oversight of one or more probate judges. 2. How is Probate Initiated? Although any beneficiary...

March 19, 2023No Comments

Things to Consider when Selling a Home in Florida

The choice and decision of selling your house is never made on the spur of a moment. It may have impel because of your desire to live in a more beautiful home, the necessity to move for a new job or it could be a need to get a handle on out-of-control costs. Florida is not called the Sunshine state for nothing. The weather...

February 19, 2023No Comments

Selling at a Loss: Short Sales Explained

Sometimes in life we may face situations where it is best to cut your losses and run. If the loss is your home, it is likely that the decision to do this is understandably made almost too late. If you are in the unenviable position of having to sell up and downsize because of escalating costs, an efficient real estate agent can be your...

January 19, 2023No Comments

Why is it important to hire a Certified Short Sale Real Estate Agent?

Knowing you can depend on your real estate agent to navigate through the process of a short sale is crucial. Certified Short Sale Real Estate Agents can make an absolute difference when getting the lender to approve. Short Sales only make up a fraction of the real estate transactions and most agents will have little or no experience. Certified Short Sale Real...

November 18, 2022No Comments