Divorce: How Do You Get Your Ex to Cooperate Regarding the Real Property in Arizona?
When a couple divorces, there is often an issue with what ought to be done with the real property. Frequently the divorce decree will order one of the parties to either refinance or sell the home to split the proceeds within a given time. In Arizona, a Special Commissioner can be appointed to help.
What is a Special Commissioner?A Special Commissioner is a real estate agent that has been authorized by the Court to market and sell real estate by court order. A Special Commissioner is often appointed in divorce situations as a neutral third party in matters where parties must sell their property.
What if the other party is uncooperative?According to the Court's authority, the parties must cooperate in good faith to complete all of the steps necessary to get the property marketed and sold. The Special Commissioner may petition the Court to compel a party to perform. The Court may impose sanctions, monetary or otherwise, against those that do not cooperate.
How much will the property sell for?By court order, the property is to be put on the market in a commercially reasonable manner ((MLS, realtor-to-realtor marketing, open houses, tours, Zillow, Trulia, Realtor.com, RedFin, etc.) for market value. for market value. In other words, it will not be sold at a "bargain basement" price. Be sure to seek to appoint a Special Commissioner that will expertly market the property in order to facilitate the sale for the highest price possible.