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Divorce and Home Sale: Realtors and the Need for Legal Guidance

Our immediately preceding blog post (May 5) discussed the existence of intellectual property rights in certain marriage dissolutions, and the large value that can be attached to intangible property such as trademarks, copyrights and patents when property division is at issue in a divorce.

Notwithstanding the potential for intellectual property, though, it is much more common for the division of tangible property to be a source of contention during a divorce and, for many couples, the family home is the central concern.

Enter the Real Estate Divorce Specialist, a newly coined designation that is now available to realtors in some states who undergo specialized training through a certified course. The belief is that, when it comes to a bickering couple who is highly emotional over what to do with the home -- when to sell, how to price, when to accept an offer, when to cut the asking price and so forth -- a realtor who is certified in divorce brings more to the table, especially one who has also been through a divorce involving the sale of a home and can thus empathize.

Despite any special aptitude and qualifications they might possess by virtue of their certified training, all the realtors interviewed in a recent article on their specialty stress that their clients should seek professional help from an experienced divorce attorney and advice that is relevant to their specific divorce situation, especially where property is involved.

"Don't do anything before you talk to specialists," said one agent." "Couples need to know for sure what is considered marital property and what is not."

Contact an experienced Miami-based divorce law firm for questions and concerns regarding any aspect of the divorce process.

Related Resource: Baristanet, "Selling Your House While Ending Your Marriage" May 3, 2011

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