On This Page
Current Nevada Law: Subject to Verification
Who is legally responsible between the spouses for particular expenses during a divorce is addressed through their attorneys, agreements and any applicable orders. Lisa's concern from the real-estate side is preserving the house and the transaction.
Listing a house does not stop the mortgage payment.
It doesn't stop the HOA.
It doesn't stop insurance.
It doesn't stop the electric bill.
And in Las Vegas, it definitely doesn't stop the house from needing air conditioning in August.
Who is legally responsible between the spouses
Who is legally responsible between the spouses for particular expenses during a divorce is something to address through their attorneys, agreements and any applicable orders.
From Lisa's real-estate perspective, somebody needs to make sure the property remains financially and physically protected.
Missed payments can damage the asset you're trying to sell
If mortgage payments are missed while the couple argues over who should pay them, the resulting problem can affect the very asset they're trying to sell.
The same is true of HOA obligations.
Pool service.
Landscaping.
Insurance.
Utilities.
A home on the market needs to function.
The green-water example
Imagine Lisa has professional photos taken of a beautiful pool.
Three weeks later, service has stopped because each spouse thought the other was paying the pool company.
Now buyers arrive to green water.
That is not a divorce problem anymore.
That's a marketing problem.
Establish an operating plan before listing
Before listing, establish an operating plan for the property.
- Who is making sure essential bills are addressed?
- Who is coordinating maintenance?
- Who tells Lisa if a major system fails?
The attorneys can determine how those expenses are ultimately allocated between the parties.
Lisa's concern is preserving the house and the transaction.
If neither spouse can keep up with the mortgage
If neither spouse can realistically keep up with the mortgage and the property appears to have little or no equity, tell Lisa early.
Her extensive short-sale and distressed-property experience can be extremely useful when a normal equity sale may not be possible.
Important
Owe more than the house is worth, or worried the payments can't continue? See Lisa's Short Sale and Distressed Property Resource Center, and read What If We Owe More Than the House Is Worth During Divorce.
If the property needs to stay protected while the legal process works out who pays what, Lisa can help keep the transaction itself moving. Call or text 702-743-4608.
