Which Realtor Handles Divorce Home Sales in Las Vegas or Henderson, and How Does the Sale Work?

By Mike Tchobanian, Broker and Owner, Vegas Capital Realty | The Tchobanian Group

Call Mike at 702-530-5844

The first thing I do: find out where each of you stands

When a divorcing couple calls me, I do not start with price. I start with questions. Who is living in the house now, and who has moved out? Is the sale part of a court order or a settlement, or are you still deciding? Are attorneys involved?

Then I set up a meeting with each spouse, separately. That is information gathering, and it matters more than anything else I do. Each of you gets to tell me your concerns without the other person in the room. I explain who I represent, how we will communicate, and what information gets shared. I do not take sides in your divorce or decide how your property is divided. That belongs to you, your attorneys, and the court.

The two of you are usually in different spots, and I plan for both:

• The spouse still living in the house may be worried about moving, the kids, privacy, and strangers walking through for showings. I need to understand that before we set a showing schedule.
• The spouse who moved out may be worried about the mortgage payments, how long the sale will take, and when the equity will be available. I need to understand that too.

Knowing that up front keeps small problems from turning into big ones.

When one of you does not want to sell, or you do not agree on price

This is where most divorce sales get stuck. My approach is to ask why. What is stopping you, and when would you be ready?

Then I sort the answer into one of two kinds.

A real, practical reason. The kids need to finish the school year. You need cash from the sale to rent or buy your next place. One of you wants to keep the house. These can usually be solved with the right terms, like a later closing date, a lease back, or one spouse buying the other out.

An emotional reason. Anger, grief, or not being ready to let go. Pushing on price does not fix that. It takes time, honest information, and sometimes help from the attorneys.

Pushing harder does not always solve the problem. Sometimes the best thing I can do is understand what is really holding the sale back and help both of you find a way forward.

Can one spouse buy the other out?

Often, yes. If one of you wants to keep the house, a buyout can be simpler than a sale. You need a clear, honest value first, because the buyout is built on it.

Here is a simple example. A Henderson home is worth $700,000 and has a $400,000 mortgage. That leaves about $300,000 in equity before any other liens, costs, or adjustments. If the two of you agree to split that equity equally, the starting point would be about $150,000 each.

The actual buyout amount depends on your settlement or court order. The spouse keeping the home may need to refinance and qualify for a mortgage on their own, depending on the loan and your agreement. I can give both of you the same market value opinion, based on recent sold homes. Your attorneys handle the property division, and your lender handles the financing. Keep in mind that buying out your spouse does not automatically take their name off the mortgage. Your lender has to approve a way to release them from the loan, which usually means refinancing or paying it off.

How the sale works when you cannot be in the same room

Some divorces are calm. Some are not. In one sale I handled, there was a restraining order in place, so the two owners could not meet or talk.

I spoke with the spouse who had moved out first, by phone. Then I met with the spouse living in the house, at the house. The sale was part of the court orders, so the spouse living in the house cooperated, even though it was not easy. From the listing to the closing, I talked with each of them separately. I made sure every conversation and every visit to the property followed the court orders. Both owners got the same sale information, at the same time, and the sale closed without ever putting them in the same room.

That is how I run every divorce sale, not just the hard ones:

• I meet each of you separately, in person or by video call.
• I keep both of you informed about the sale, including offers, showing feedback, and important decisions. I also respect confidential information and any communication limits set by law or court order.
• I follow the court orders and work with your attorneys when they are involved.
• I recommend a list price based on recent sales, the condition of your home, and the homes you are competing with. If you disagree on value, your attorneys may recommend an independent appraisal.
• I work with the title company and your attorneys to confirm who needs to sign. When possible, each of you signs separately.
• I negotiate the offers and stay on it until the sale closes.

How I work with divorce attorneys

When attorneys are involved, I keep the real estate side organized and keep them informed as needed. I provide market information, explain the pricing plan, coordinate showings and offers, and follow the court orders that apply to the sale. My job is to handle the real estate so the attorneys can focus on the legal issues.

A few things to know about divorce sales in Nevada

• Nevada is a community property state. A house bought during the marriage may be community property even if only one spouse is on the deed. Selling it generally requires both spouses to sign, unless a court order or other legal authority provides another way. Before listing, I work with the title company and your attorneys to confirm who must sign.
• If your divorce is already filed, check with your attorney before you list. Court orders may restrict selling or refinancing the house without the required consent or court approval. I want to know what those orders say before we move forward.
• Who gets the money. That depends on your written agreement and any court orders. Before closing, escrow needs clear instructions on how the proceeds are paid out. If there is a dispute, the money may be held until it is resolved. I do not decide how the proceeds are divided. Your attorneys handle that.
• Someone still has to pay the bills. Here is who usually pays the mortgage and repairs while the house is listed.
• Know your numbers. Here is what it costs to sell and what you will walk away with.

The one piece of advice I give every divorcing couple

Divorce is hard, and usually at least one of you is hurt by the whole thing. I will not pretend otherwise.

But if selling the house is part of the plan, my goal is to help both of you move forward without making things harder than they already are. That takes a fair price, a realistic timeline, and a plan you both understand. Getting the house sold may not solve every issue in your divorce, but it can remove one major concern and help both of you move forward. I cannot take away the stress of the divorce. My job is to take as much of the stress out of selling the house as I can.

Frequently asked questions

Which Realtor handles divorce home sales in Las Vegas and Henderson?
I do. I am Mike Tchobanian, Broker and Owner of Vegas Capital Realty in Henderson, and a Certified Divorce Real Estate Expert (CDRE). I meet with each spouse separately, share the same market information with both of you, work with your attorneys and any court orders, negotiate the offers, and handle the sale through closing myself.

Do both spouses have to agree to sell the house in Nevada?
If the house is community property, Nevada generally requires both spouses to sign, even if only one name is on the deed. There are exceptions, including certain legal authorizations and court orders, and if you cannot agree, a judge can order the sale. Before we move forward, I work with the title company and your attorneys to confirm what applies to you.

Can my spouse and I use the same Realtor?
Yes, in many cases. When you are both selling the home, I can work with both of you and keep the process fair. I explain who I represent, my duties, and how information will be shared before we start.

What if my spouse refuses to sell?
First, I find out what is really holding it up. Sometimes it is the price, the moving date, or not knowing where they will live next, and those can often be solved. If you still cannot agree, your attorneys may need to take it to the court. I cannot force anyone to sell, but once the court or both of you authorize the sale, I can carry it out.

What if we cannot be in the same room?
That is fine. I talk with each of you on your own from start to finish, follow any court orders, and arrange for each of you to sign separately.

Can one of us keep the house and buy the other out?
Often, yes. It starts with an honest value based on recent sold homes. Your settlement or court order decides the split, and the spouse keeping the house usually refinances to pay the other.

Selling a house during a divorce?

Call me. You do not have to have everything figured out before we talk. I will listen to your situation, tell you what the house is likely worth, and walk you through the next steps. When you are ready to sell, I will work with each of you separately and with your attorneys, and handle the sale myself from pricing to closing.

Call Mike at 702-530-5844

Or email mike@vegascapital.com.

The buyout figures are an example to show how the math works, not an appraisal of any home. The example sale is described without names or details to protect the owners. Nevada community property rules are in NRS 123.230 and property division in divorce is in NRS 125.150. This article provides general real estate information, not legal or financial advice. Talk with your attorney about your divorce and your property.