Understanding the Sale of the Home Decree
So, I got a question from a client. He came to me with a decree containing an order for the sale of the home. He wanted to know if that means he has to sell the house as is—even if it’s at a reduced price or a loss. Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and this is my 25th year of practice.
What the Decree Might Specify
I see this situation a lot. In many orders, the decree may simply state that the house is to be sold. Sometimes it specifies that it must be listed with an agreed-upon realtor—or, if the parties can’t agree, the judge will appoint one. Other times it will say the parties must agree on a price, or that the listing price must follow the recommendations of a qualified realtor based on a market analysis.
Handling Repairs and Costs
The problem is that many orders don’t address what happens if the house needs repairs. Anyone who has sold a home before knows that inspections can reveal problems, and the seller is often expected to fix those issues before the buyer proceeds with the contract. If the decree doesn’t provide guidance, houses often end up being sold as is, because there’s no provision for both parties to share repair costs—or for one party to advance the costs and be reimbursed later from the sale proceeds.
That detail can be crucial. Without it, you risk losing a potential buyer, being forced to relist the property, and ultimately accepting a reduced price.
Contact Us for Assistance
This is why it’s important to ensure your attorney drafts those orders carefully, including provisions about how repairs and costs will be handled. I hope this helps. If you have questions about home sales in a divorce—or any other family law matter—give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900. We’d be glad to help.
