When a marriage changes, the home may have to change too.
Divorce can turn a home from a place of shared history into one of the most important financial decisions both parties must make.
A neutral approach to a consequential decision.
Sue Lagree combines her background as an attorney and real estate advisor to help clients understand the real-estate side of a divorce, from evaluating the home to preparing for a potential sale or transition.
The property decision deserves a process of its own.
A marital home can represent equity, debt, tax considerations, memories, future housing needs and competing priorities. The real-estate decision should therefore be approached separately and thoughtfully, while remaining aligned with the legal process and any agreements or court orders.
Should the home be sold, retained or transferred?
There is no single answer for every divorce. The right path can depend on the parties' agreement, the financial position of the property, children and housing considerations, the terms of a marital settlement agreement, and any applicable court orders.
Florida's equitable-distribution framework addresses marital assets and liabilities, including circumstances involving the marital home. The law also provides specific considerations concerning credits or setoffs connected with the sale of a marital home.
Sue's role is to help bring the real-estate questions into focus so the parties and their attorneys can make informed decisions about the property.
Three principles that matter.
Neutrality
Keep the real-estate conversation focused on the property, the market and practical options not on taking sides in the underlying dispute.
Timing
The best time to prepare a property is not necessarily the same as the best time to list it. Planning ahead can help avoid rushed decisions.
Clarity
Establish the property's value, likely costs, market position and practical next steps before decisions are made about a sale or transition.
The process works best when expectations are clear.
If both parties are involved in the decision to sell, important questions should be addressed before the property enters the market.
Who will coordinate access? What improvements are appropriate? How will showings be handled? What price strategy makes sense? Who communicates with the agent? What happens if an offer is received?
These are practical real-estate questions. Their legal implications should be addressed with the parties' attorneys before commitments are made.
From uncertainty to a clear plan.
Understand the property
Review ownership, mortgage position, estimated equity, condition, location and relevant property information.
Establish value
Develop a realistic market perspective and identify factors that may affect the property's value.
Build the strategy
Consider preparation, pricing, marketing, showings, timing and the likely buyer pool.
Coordinate the transition
Once the appropriate direction is established, coordinate the real-estate process with the parties' professional advisors.
Florida timing: what should you know?
The legal timeline and the real-estate timeline are related, but they are not the same thing.
Florida law requires one party to have resided in Florida for at least six months before filing for dissolution of marriage.
The filing of a dissolution action begins the legal process. It does not automatically mean the home should immediately be listed for sale.
Florida generally provides that a final judgment of dissolution cannot be entered until at least 20 days after the original petition is filed, subject to the statutory exception for earlier action when delay would result in injustice.
The timing of a sale can depend on the parties' agreement, the status of the marital home, court orders, financing, market conditions and other circumstances.
Real-estate guidance when the situation is anything but simple.
Sue can help organize the real-estate side of the decision and provide a clear market perspective while coordinating with the professionals involved in the divorce.
Understand the home's position.
Review market value, comparable properties, estimated equity, condition and factors that could influence a potential sale.
Build the sale strategy.
Determine what needs to happen before listing, including preparation, pricing, presentation and marketing strategy.
Keep the process organized.
Establish a clear communication process around showings, offers, property access and transaction milestones.
Work alongside the right advisors.
Real-estate decisions may intersect with legal, financial and tax considerations. Sue can coordinate the real-estate process with the appropriate professionals.
Common mistakes during a divorce sale.
Listing before the plan is clear
Putting a property on the market before the parties understand the process can create unnecessary complications.
Treating the value as a negotiation
Market value should be established independently from disagreements about how the property's equity should ultimately be divided.
Ignoring carrying costs
Mortgage payments, taxes, insurance, maintenance and other property expenses can affect the practical timing of a sale.
Making assumptions about credits
Florida law specifically addresses credits and setoffs connected to the sale of a marital home. These issues should not be assumed or left unclear.
Letting emotion set the price
A strategic pricing decision should be based on current market evidence, property condition and the intended objective.
Forgetting the transition
A successful closing is only part of the process. Moving, possession, timing and the next housing arrangements may also need consideration.
Divorce & Real Estate
When the next step involves real estate, start with clarity.
If you are navigating a divorce and need to understand what your property may mean for the next chapter, Sue can help you evaluate the real-estate side of the decision and build a practical path forward.
Schedule a ConversationDisclaimer: Sue LaGree is a licensed Florida real estate sales associate (SL3514458) with Engel & Völkers Tampa Downtown, specializing in divorce real estate. She advises clients on the real estate side of a dissolution, valuation, preparation, marketing, timing, and coordination with your attorney and other professionals. Sue was licensed in Massachusetts only and is not admitted to practice law in Florida; she is not your attorney, mediator, or financial advisor, and does not provide legal, tax, or financial advice. Contacting Sue does not create an attorney-client or fiduciary relationship, and your communications are not privileged and may be discoverable; please do not send case-related documents through this website. Selling a marital home may require both spouses' consent or a court order; confirm with your family law attorney before listing. Where both spouses are parties to a listing, Sue acts as a neutral transaction broker to both under Florida law. This page is general information only.