Who Chooses the Realtor During Divorce?
Quick answer
The listing agent is typically selected by agreement of both parties, by counsel recommendation, or by court designation in contested matters. Because both spouses usually must sign the listing agreement, a neutral professional acceptable to both sides is generally the practical path.
If both spouses are on title, both generally need to sign the listing agreement. That makes agent selection a joint decision in most cases.
This is where a divorce-specific professional has an advantage: neutrality is the product. A CDRE® is not there to advocate for the spouse who called first.
In contested matters, attorneys sometimes propose a neutral agent to the court, or the court designates one.
Key points
- Both title-holders usually must sign the listing.
- Neutrality makes agreement easier to reach.
- Counsel may recommend or the court may designate.
- Interviewing jointly can prevent later objections.
Educational information only. This article does not provide legal, tax, financial, mortgage or engineering advice. Legal questions should be directed to your attorney.
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The Divorce Is Complicated Enough.
The Real Estate Process Doesn't Have to Be.
When the marital home becomes part of a divorce, the goal isn't to create another fight. It's to create a clear, professional process for evaluating, preparing, marketing and selling the property.
One Home. Two Futures. One Clear Process.