Published on:

Purchasing Real Property From A Florida Divorced Couple

Fort Lauderdale divorce attorneys often explain to clients that their marital home may be sold by the court or agreement of the parties as part of the equitable distribution of marital assets and liabilities. Often the marital home is the only asset owned by a divorcing couple and must be sold to divide the equity amongst the parties. Other times the parties cannot afford to maintain the home after their divorce is finalized and the marital home must be sold.

Out of the one million divorces per year, most cases require the sale of the marital residence. This can assist buyers in finding bargains. However, purchasing a home from a divorced couple can often be difficult. While one spouse may want to sell the home, the other spouse may frustrate the deal due to the fact that they are angry with their spouse or unwilling to leave the marital residence.

In order to avoid a problem when buying a home from a divorcing couple, a buyer should inquire if they are purchasing a home from a couple who has gone through a contested divorce. A buyer does not want to deal with any last minute problems such as a spouse who disappears in order to prevent real property from being sold. Buyers should speak to their real estate agent so that the necessary language to protect them can be insterted into any offer.