What Is A Commissioner to Sell Real Estate?
In a divorce, the family court has to divide all marital property and debt in a just manner. In many divorce matters, there can be real estate at issue. No matter whether it is the marital home, rental property, condominiums, office space or occupied or vacant lots, these maters can sometimes become complicated in a divorce where the court orders the sell of real estate.
When a sale is ordered, divorcing parties have to work together on all sorts of issues. The issues can involve agreeing upon a real estate agent. It might involve the sale price, what repairs to make or how to have the property valuated. There might be particular court orders as well in which the parties are supposed comply, including the maintenance of the property (including paying necessary bills) while the sale is pending.
Some divorcing parties are able to put aside their differences to ensure the real estate is sold in an orderly and expeditious manner. However, in other cases, parties might not be able to do so. This makes sense when you consider that many parties end up divorcing due to communication problems and the ability to compromise.
If parties are unable to communicate effectively or compromise before divorce, the situation can become worse during the pendency of the divorce or after the divorce. In some instances, circumstances can become so bad that the property does not sell because the parties cannot cooperate. When there is no sale, this can cause financial difficulties for the parties and prolonged entanglement. It can also result in parties ending up back in court on various motions, including motions for contempt.
When parties are unable to work together to sell real estate, one option that parties might consider motioning the court for the appointment of a commissioner to sell the real estate. If the family court judge will appoint a commissioner, the commissioner effectively handles all the outstanding matters between the parties, resolves disputes and ensures that the real estate is sold in an impartial and unbiased manner.
Of course, while a commissioner can estate in the sale of real estate, they do get to charge a fee for the job that they perform. Further, the parties due lose control over the details of the sale to the commissioner when he/she is appointed. For this reason, parties might only wish to consider the appointment of a commissioner as a method of last report.
Divorce Lawyers Assisting Individuals In Divorce Property Division in Missouri, Illinois, Kansas and Oklahoma
If you are going through a divorce where a real estate sale is a signifcant issue in dispute, you can contact Stange Law Firm, PC online or by phone at 855-805-0595. We have lawyers who can assist in St. Louis, Kansas City, Columbia, Springfield, Wichita, Tulsa and beyond in the Midwest.