One
major factor that contributes to homes hitting the market or being transferred
is the ugly process of divorce. When marriage problems lead to separation or
divorce, the home is usually the largest asset. What will then happen to the
home can become a volatile and contentious issue for spouses - which puts you
in a sensitive and tricky position?
One
spouse may want the home sold immediately, or perhaps one spouse is living in
the home while the other is not. In addition, if the home is a matrimonial
property both spouses must consent to its sale, just as both spouses should
have consented to its purchase and any subsequent refinancing, whether they are
on title or not.
There
are occasions where other people appear on title that were not initially
disclosed to you as the real estate sales professional. This is often the
result of one spouse hoping to hurry divorce proceedings along faster than the
other spouse may want or may be ready for. These situations require extra due
diligence on your part.
Some
people believe that because the home is in only their name they can simply sell
it. Well, you sure don't want to show up with your ‘For Sale’ sign only to
learn that the other spouse actually lives there, won't let you in, and won't
let your sign on the front lawn. Some people also think they can sell the
matrimonial home without a spouse’s signature… the old, “I’ll take this home
for my husband/wife to sign” (not!!).
So
how can you identify when a home is a matrimonial? Here are some tips:
·
The
interview. Ask lots of questions including the client’s marital status. If they
indicate they are separated or divorced, ask them if the home is/was a
matrimonial property. Most people when directly asked won’t lie. If they do, it
doesn’t matter because step two will move you closer to the truth.
·
Search
homeownership information. In GeoWarehouse you can see who owns the home up to
the past month or so. If you want this information up to the date in question
you can request a Parcel Register through the GeoWarehouse Store. If there is
more than one person on title, then you will need to ask the customer to have
the other parties meet with you to obtain identification and sign off on all
paperwork.
·
Ask
the client to bring documents to your meeting – things like utility bills. If
other names are on them, ask the client about this. Even if one person shows up
on title, two names on a collection of utility bills may be a tip that a
separation has taken place.
·
If
you are visiting or showing a listing - and this one should be obvious – you
must be able to gain entry to the home to show the property. If gaining entry
is posing challenges there can be two very likely reasons: there is a tenant on
the premises or there is an ex-spouse still in the home.
Nothing
is fool proof and if a client is bound and determined to hide something from
you they may very well pull it off. As a real estate sales professional, the
best you can do is to deploy the tools available to you and let your
professional experience to guide you through deals that have some hair on them.
For
more information about how you can validate homeownership information please
visit www.geowarehouse.ca.