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Why Selling a Home After Divorce in Miami Can Be Tricky

— February 15, 2023

The client’s husband “ghosted” her and stopped answering her phone calls. Although he wasn’t mad at her, he ignored her as a way to “get back at his wife.”

Under Florida law, marital property is subject to equitable distribution which means most assets are split 50/50. This includes houses, vehicles, businesses, retirement accounts, etc. Generally, when things like property are divided, one spouse may choose to sell their share of the property in order for the other to keep it or both parties will put it up for sale.

While you might think the process of selling a home after divorcing would be easy, some real estate agents say otherwise. The Miami Herald cited a few reasons why selling a home after divorce can be difficult, or even impossible1.

If one party “takes off” before the deal is sealed, the house cannot sell

As odd as it may sound, real estate agents Sally and David Hanson say it does happen, as per the Miami Herald. “Often one spouse will take a hike when they believe the other one is exerting too much control over the situation.” The Hansons have also experienced having a soon-to-be ex-spouse “take off after the place is sold but before the deal goes to closing.”

And on some occasions, the agents have had both spouses disappear, though this doesn’t happen often. The couple says that when one spouse decides to leave before finalizing the sale, it can cause the transaction to “fall apart.” In the event something like this were to happen after divorcing in Miami, it would be wise to consult with divorce lawyers to find out what your options are.

Real estate agent says she was “ghosted” by one spouse who was looking to get revenge on the other

The Miami Herald shared a similar experience real estate agent Margaret Gross had after taking on a property listing owned by a divorcing couple. Gross says that her client’s husband “ghosted” her and stopped answering her phone calls. Although he wasn’t mad at her, he ignored her as a way to “get back at his wife.”

Person holding up sign with angry face on it standing in front of red brick wall; image by Andre Hunter, via
Image by Andre Hunter, via

If you’re struggling with dividing assets after divorce, a lawyer may be able to help

If your ex-spouse is refusing to follow a court order that outlines how assets should be divided, it may be wise to retain Miami divorce lawyers who can step in and help. Although the court will help a couple divide their assets, it won’t exactly make sure all financial affairs are in order.

So, if your ex is interfering with the sale of your home or refusing to follow other terms outlined in your divorce settlement, Florida divorce lawyers can take certain steps to enforce the order.

If you’d like to learn more about the process divorce lawyers follow to enforce a divorce settlement, is here to help you find and retain attorneys and child custody lawyers in your area. Contact us today to get an initial consultation scheduled.

Have questions about this article or a legal concern? Call 800-672-3103.



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