Moving Forward: Real Estate in Life's Transitions

Why Real Estate Agents Ask About the Title or Deed During a Divorce Sale

Selling a marital home during a divorce comes with unique complexities, and one of the first questions a real estate agent will ask is, “Who is on the title or deed?” Why? Because understanding ownership is critical to navigating the sale smoothly.

The title or deed establishes who legally owns the property and, therefore, who has the authority to make decisions about its sale. In some cases, both spouses may be on the title, while in others, only one person is listed. This distinction can affect everything from signing contracts to dividing proceeds.

It’s important to note that being on the deed doesn’t always align with financial contributions or marital agreements, which can further complicate matters. This is why agents ask upfront—to ensure there’s clarity and avoid potential roadblocks later.

While your agent can guide you through the sale process, determining ownership rights or resolving disputes is a legal matter. Always consult an attorney for advice tailored to your specific situation. By working together with your agent and legal counsel, you can take the first steps toward a seamless transaction during what can be a challenging time.

This post is for informational purposes only and does not constitute legal advice. Always seek guidance from a licensed attorney for your specific situation.

— Amy Weed, JD, CDS®, Realtor® Donahue Maley & Burns Team, Compass