It's a common expectation that personal belongings need to be removed from a house when the sale is set to close. Nevertheless, in situations characterized by contentious divorces, this task can prove more challenging than it sounds.

Regardless of whether the resident has sole occupancy of the home or a restraining order is in place against the former spouse due to domestic violence concerns, the coordination of property access becomes necessary.

Several critical junctures in the real estate transaction process emphasize the significance of dividing and retrieving personal possessions:

● Pre-listing: During this stage, the primary focus lies in organizing and streamlining personal belongings. This period presents an ideal opportunity for the departing spouse to collect their possessions. This approach accomplishes two significant objectives simultaneously: it enhances the property's presentation by embracing the "less is more" concept in staging, and it proactively addresses property division, reducing the overall burden of concerns in the early stages of the process.

● Under contract: As per the contractual agreement, a 30-day closing date is typical. Within this period, buyers will have their private home inspection and appraisal. Ensuring the house's accessibility is a obligation for the seller that accomadate. If spaces like the garage, closets, or attic are excessively filled, hindering inspections, they may need to be rescheduled, incurring additional expenses and time for all involved parties.

● Prior to closing: This is the eleventh hour when tensions are high. Buyers have given notice on their current residence, have a moving van packed, and contractors lined up. By this point, if property hasn’t been divided, it’s may be too late to file a motion and get a court order without the parties breaching their contract with the buyers to close on time. You should contact your attorney to discuss.

When obtaining an order or agreement for the property to be listed for sale and there is a restraining order, or access to the house will be a conflicted matter, keep division and removal of personal property in mind. Include in the order when, exactly, the out-spouse is to retrieve their personal property and the procedure for doing so.

Of course, each case is different, and while I focus on the real property side, I’m always happy to offer suggestions for how to disburse personal property under challenging circumstances.

Selling a house during a divorce in Twin Cities & Minnesota can be a difficult process for some. With the assistance of an experienced Certified Divorce Real Estate Expert (Shannon Lindstrom with RE/MAX Results), the process can be made easier with the right strategies and the Realtor’s experience and expertise. A CDRE® can help the two parties involved find the best solution and protect their interests throughout the process.

If you have questions and/or wish to schedule an appointment to discuss how Shannon Lindstrom can help you, please call, text or email her at your earliest convenience.

Shannon Lindstrom, Realtor®, CDRE®, MILRES, MRP, VCA
RE/MAX Results
Direct: 612-616-9714
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