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One spouse moved out months ago.
The other still lives in the house.
Now the property needs to go on the market.
This situation is completely manageable, but the person living in the home becomes an important part of the selling process whether they like it or not.
The first issue is access
The first issue is access.
Buyers need to see the property.
Lisa can establish reasonable showing procedures that respect the occupant while still making the home accessible enough to sell.
- Perhaps reasonable advance notice is required.
- Perhaps certain times are unavailable.
- Maybe there are pets that need to be secured.
Those things can usually be accommodated.
What does not work well is denying nearly every showing.
A beautifully marketed home cannot sell if buyers can't get inside.
The second issue is presentation
The second issue is presentation.
Nobody expects the occupant to live in a hotel room.
People have laundry.
People cook dinner.
People live.
But the house should remain reasonably clean and ready for buyers.
If professional photos show a beautiful kitchen but buyers arrive to overflowing counters and trash, the actual showing overrides the photography.
Privacy is another concern
Privacy is another concern.
Pack away divorce paperwork.
Bank statements.
Medications.
Jewelry.
Personal correspondence.
Anything you would not want a stranger seeing should not be sitting on a desk during a showing.
And then there is moving
And then there is the issue that causes enormous last-minute stress:
Moving.
Do not wait until closing week for the occupant to begin asking where they are going.
The purchase contract will establish possession requirements, and those need to be taken seriously.
Lisa wants the moving plan discussed well before the buyer is waiting for keys.
If the occupant blocks a legally authorized sale
If an occupant intentionally blocks a legally authorized sale, the attorneys may need to address that problem.
Lisa should document real-estate facts and stay out of the personal battle.
Her job is getting the property sold professionally.
Important
For the unmarried-owner version of an occupied property, see Selling a House After a Breakup. The occupied home still needs an operating plan, access rules and a moving timeline established before listing.
