Let’s Talk Divorce Real Estate

Divorce is a sensitive subject, but when it intersects with real estate, it can become even more complex. With divorce rates hovering around 50% in the U.S., these types of property listings are more common than most people realize. As a real estate professional, I’ve seen how emotionally and logistically challenging selling a home during a divorce can be—and some situations are more extreme than others.

One of the most intense cases I’ve ever handled involved a couple going through a court-ordered sale. They had been together for years, and now the split had become so acrimonious that the court had to step in and mandate the terms of the home sale. The husband, who had owned the home prior to the marriage, was ordered to choose the realtor. Even though the ex-wife wasn’t on the title, California law considers the home shared marital property, which meant she had to cooperate.

But that cooperation never happened. She refused to sign documents, blocked showings, and resisted every step of the process. As a result, the matter kept going back to court—costing the husband thousands in legal fees. Eventually, the court ruled that only part of the sale proceeds would go into a trust account. Out of what could have been a $400,000 profit split, only $25,000 was set aside for the ex-wife—pending further litigation. The remaining $225,000 went directly to the husband. Given her lack of cooperation and the fact that she was eventually evicted, she may not see a dime.

In the midst of it all, utilities were shut off, there were unpaid HOA dues, and the home was at risk of foreclosure. At one point, she even tried to sign a listing agreement behind my client’s back—despite a court order that clearly named him as the decision-maker. It was one of the most challenging transactions I’ve ever handled, not just logistically but emotionally. Watching two people go from sharing a life together to becoming legal adversaries is heartbreaking.

This situation was a reminder that real estate isn’t always glamorous. It’s not all open houses and champagne closings. Sometimes, it’s helping a client navigate a painful chapter with dignity and strategy.

There have been others too—like the listing that sat vacant for nearly a year after the couple abandoned the home mid-divorce. It looked like they had simply vanished. Trash and personal items were left everywhere, mortgage payments were missed, and the house slipped dangerously close to foreclosure. It took serious effort and knowledge to get the property cleaned up, listed, and ultimately sold in time.

And here’s something most homeowners don’t realize: missing just two mortgage payments within 12 months can severely damage your credit. Miss three in a row and you’re facing a Notice of Default—kickstarting the foreclosure process. I always advise clients: if you're in financial trouble, never miss your mortgage payment first. Talk to your lender, get advice, and loop in your realtor early. There are often options available, but time is critical.

In every divorce listing, my goal is to stay neutral. I’m not there to take sides—I’m there to get the home sold for the best price possible and make the process as smooth as it can be under the circumstances. Whether the listing was court-ordered or mutually agreed upon, I treat all parties with fairness and professionalism. The hope is that by the end, both sides feel like they had a say and that the sale was handled with care.

Divorce real estate isn’t for the faint of heart. It requires patience, legal understanding, and a whole lot of empathy. But with the right team in place, it can be done—and done well.

📞 Have questions about navigating real estate during a divorce—or just real estate in general? Contact us at The Hardy Group. We’re here to help you through life’s toughest transitions with experience, compassion, and results.

🎥 Want to hear the full story? Watch our YouTube video for a behind-the-scenes look at what really happens during these high-conflict sales.

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