What Is a Commissioner to Sell Real Estate?
In a dissolution of marriage, the court must divide all marital property and debt in a fair and just manner. Real estate is often one of the most significant assets involved. This may include the marital home, rental properties, vacation homes, condominiums, commercial buildings, office space, or vacant lots. While judges may award certain real estate to one spouse, in many cases, the court orders the property sold so the proceeds can be divided between the parties.
Selling real estate during or after a divorce, however, is rarely simple. Even when the order to sell is clear, the parties must cooperate on numerous details—including selecting a realtor, agreeing on listing price, making necessary repairs, deciding on staging or improvements, reviewing offers, and handling maintenance or financial obligations while the property is on the market.
Some separating couples can put aside personal conflict and handle these tasks cooperatively. But others—often due to communication breakdowns, distrust, or ongoing conflict—cannot work together productively. When cooperation ceases, the sale may stall, creating financial strain and ongoing disputes.
In such situations, one or both parties may request that the court appoint a Commissioner to Sell Real Estate.
What Does a Commissioner to Sell Real Estate Do?
A commissioner is a neutral third party—often an attorney—appointed by the court to oversee the sale process and ensure that the property is sold in a timely, fair, and impartial manner. When appointed, the commissioner has authority to:
Select a real estate agent or broker
Determine the listing price, sometimes after ordering an appraisal
Decide what repairs or improvements must be made before listing
Handle disputes between the parties regarding sale terms
Sign documents and paperwork on behalf of the parties, if authorized
Manage communication with buyers, agents, lenders, or inspectors
Oversee the closing process
Ensure compliance with the court’s sale order
The commissioner essentially steps into the role that the parties cannot fulfill, removing obstacles caused by a lack of cooperation and ensuring the sale proceeds in accordance with the court’s directive.
Why Might a Commissioner Be Necessary?
A commissioner may be appropriate when:
The parties refuse to agree on a listing price
One spouse is delaying the sale intentionally
Necessary repairs or maintenance are not completed
One spouse refuses to sign paperwork or communicate with the realtor
There are disputes about how to handle offers or counteroffers
The home is deteriorating due to neglect
The parties have returned to court repeatedly due to conflict
Contempt motions have been filed over failure to comply with the sale order
When parties cannot work together, the real estate may sit on the market indefinitely or never be listed at all. This can lead to:
Accumulating mortgage debt
Property tax or utility delinquencies
Foreclosure risks
Damage to both spouses’ credit
Increasing litigation costs
Appointing a commissioner can resolve these issues by placing sale-related decisions in the hands of a neutral professional.
The Drawbacks of Appointing a Commissioner
While a commissioner can be highly effective, there are disadvantages that parties must consider:
1. Cost
Commissioners charge fees for their services, often on an hourly basis or as a percentage of the sale proceeds. These costs are typically paid from the sale proceeds or divided between the spouses.
2. Loss of Control
Once appointed, the commissioner—not the parties—makes decisions regarding:
Listing price
Realtor selection
Sale negotiations
Repairs and maintenance
Acceptance of offers
Couples who prefer to maintain control over the sale process may find this problematic.
3. Last Resort Option
Because of the cost and loss of decision-making power, parties generally request a commissioner only when all other options have failed. Courts may require evidence of significant non-cooperation before agreeing to appoint one.
When to Consider Requesting a Commissioner
A commissioner may be appropriate if:
The property has been ordered sold, but no progress is being made
Conflict between the spouses is preventing the necessary steps
Delays are causing financial harm or risk
Repeated court intervention has not solved the issues
Neutral oversight is essential to finalize the sale
In these situations, a commissioner protects the financial interests of both parties and ensures compliance with the court’s orders.
Professional Guidance Matters
The process of requesting a commissioner—and ensuring that the commissioner’s actions comply with the divorce judgment and applicable law—can be complex. An experienced family law attorney can help:
Determine whether a commissioner is necessary
File the appropriate motions
Present evidence of non-cooperation
Ensure that the commissioner’s authority is defined correctly
Protect your interests throughout the sale process
At Stange Law Firm, PC, we assist clients in navigating real estate issues in divorce, including when cooperation breaks down and court intervention becomes necessary.
Divorce Lawyers Assisting Individuals In Divorce Property Division
If you are going through a divorce where a real estate sale is a significant issue in dispute, you can contact Stange Law Firm, PC online or by phone at 855-805-0595.
