Performed by an electronic algorithm, these assessments are based almost entirely on public information and comparables. AVM products do not account for the actual condition or location of the property, zoning, or any past upgrades, unless they are listed on public record. Zillow’s Zestimate is an example of an AVM.

A court order that automatically and immediately takes effect upon serving a summons for divorce. ATROs protect both spouses by preventing either from engaging in certain behaviors that might result in sabotage.

Figuratively, a body of attorneys (as opposed to a “bench,” which is a body of judges). Bars are regulated by local bar associations which are committed to promoting and maintaining the practice of law by developing and enforcing ethical guidelines and rules, providing ongoing training and seminars, and providing a social and professional network for attorneys.

The act of one joint property owner purchasing the equity interest of the other joint owner.

A mortgage lender who has been specially trained and certified to navigate complicated and/or contentious real estate transactions during a divorce. The CDLP typically works with the spouse who wants to keep the home.

Residential Real Estate Divorce Specialist: a real estate agent who has been specially trained and certified to navigate complicated and/or contentious real estate transactions while the homeowners are embroiled in a divorce. The RRDS2GO may or may not be court-appointed.

Any document or claim that calls to question the right of a person or persons to the sole ownership of a property’s title. For instance, a cloud will appear on title if a construction lien is placed against a property for the purpose of collecting payment for work performed on that property. Learn more about title problems that can snag your home closing.

Separately owned funds or property that become mixed with someone else’s personal or jointly-owned funds or property. In situations involving divorce real estate, a commingled asset most often refers to a home or land purchased by one spouse before the marriage, which later becomes community property because the other spouse’s funds were used to make mortgage or tax payments or cover the cost of repairs or upgrades.

A comparison of similar properties based on location, square footage, age, condition and other factors that help determine the approximate value of a home.

But after many good years, something happened. Something turned sour.

Maybe you can’t define it, or even quite identify it. But something’s not right. So after months of couple’s therapy, working hard on your communication skills and trying to reconnect with those feelings that made the two of you fall in love in the first place, you’ve decided that no matter how hard you try—and how badly you want it to work—your marriage is headed for divorce.

What comes next will either be relatively smooth-going, or it might become a total nightmare. Predicting how you and your soon-to-be-ex-spouse will behave during the divorce can help you and your attorney prepare legally and emotionally for the experience, and help determine how much professional support you’ll need to have to get through the process reasonably unscathed.

The Conflict Spectrum

Developed by the Ilumni Institute, an organization dedicated to teaching real estate professionals how to support family law attorneys through effective management of divorce real estate transactions, the Conflict Spectrum is a scale that measures the tension in a divorcing couple’s relationship. By measuring the level of conflict a couple will be likely to experience during a divorce proceeding, the parties can better equip themselves with the tools and support they’ll need to successfully navigate the divorce.

Rated on a percentage scale from 10% – 100%, the Conflict Spectrum is segmented into five categories, as follows:

10%: Still Friends

You and your spouse are friendly, maybe even good pals. You still make all your decisions together and, depending on your circumstances, you may even be able to navigate the divorce without help from attorneys. You’ll still need a real estate agent to advise you on what to do with your home, so consider meeting with a Residential Real Estate Divorce Specialist (RRDS2GO) who can provide you with insights and advice that goes beyond what a regular real estate agent will provide, but at no additional cost.

30%: Cordial

You and your spouse are cordial, but you may disagree on terms here and there. It’s not an all-out war, but you’ll probably need the help and advice of professionals. At this level, you and your spouse may be able to settle your divorce with the help of a paralegal and a Residential Real Estate Divorce Specialist. The RRDS2GO’s job is to represent the property, not either individual spouse, so the RRDS2GO can meet both parties on neutral ground—and they work with attorneys on both sides to make sure the outcome is in the best interest of both spouses.

50%: At Risk

You and your spouse experience intermittent conflict, and sometimes there’s risk of escalation. You can make many decisions together, but you prefer to stay apart as often as possible. At 50%, it’s time to seriously consider bringing attorneys on board, and you’ll definitely want to enlist the help of a ">RRDS2GO.

70%: High Conflict

You and your spouse feel alienated from each other, so collaborating on decisions is rarely, if ever, possible. You’ll almost certainly need attorneys working on your behalf to get through this kind of divorce, and a Residential Real Estate Divorce Specialist can mediate between you and your spouse when you have to make tough decisions about the house. Having a RRDS2GO on your side can help preserve the equity in your most valuable financial asset by selling it for top price and preventing it from becoming a pawn in a frivolous game of tug-of-war.

100%: Highest Conflict

This is the worst kind of divorce. The parties are warring, there may be restraining orders and/or domestic violence, substance abuse, or toxic personality disorders on one or both sides. A divorce like this will be nearly impossible to navigate safely without a lot of support, especially from a pair of qualified attorneys and a Residential Real Estate Divorce Specialist who can help mediate the real estate portion of your divorce, working with both attorneys to ensure an equitable outcome for both spouses.

Find Qualified Real Estate Help

If you have divorce real estate questions or need more help determining where you and your spouse sit on the Conflict Spectrum, give me a call. As a Residential Real Estate Divorce Specialist, I’m trained to work with homeowners and their attorneys to navigate any type of residential real estate transaction, no matter where it sits on the Conflict Spectrum.

Repairs that must be made before a purchase contract can close. Repair contingencies typically include major repair items that could put the value of the home at risk or threaten the health and safety of the occupants. Examples of contingent repairs required for FHA, VA, and USDA-backed loans.

The ownership transfer of real property from one party to another, such as through a deed. Learn more about conveyances: Learn more about conveyance.

Most loan programs require a 40-50% debt-to-income ratio. That means that if a person makes $10,000 per month, their total revolving debt (house payment, credit cards, car payments, student loans, etc.) cannot exceed $5,000. If a client’s expenses are too high, a difference of just $212.50 per month can disqualify them from borrowing. The risk to current and upcoming divorce cases lies in the financial impact on the in-spouse who refinances the loan to buy out the other spouse. The best advice is to be absolutely sure the in-spouse can continue to qualify during market fluctuations. Rate volatility can throw off equalization payments and affect the court’s disposition orders, so always have best- and worst-case loan scenarios ready, and be sure to discuss these fluctuations with your client early on. If you have questions or want to discuss case scenarios, reach out anytime.

The official document that transfers ownership of a property from one party to the next. There are several types of deeds, but the one most commonly used in a divorce proceeding is the . Learn about the different types of real estate deeds.

Refers to the act of disposing of a home, such as through a standard sale, an ownership transfer, or by walking away from the mortgage voluntarily (also known as a “strategic foreclosure”.

An agent’s simultaneous representation of both a buyer and the seller of a single property. This is legal in most jurisdictions, but has ethical grey areas since the agent benefits from both sides regardless of whether the buyer or the seller feel their best interests are being met.

An encumbrance is anything that restricts a property owner from full, “unencumbered” use of their land. Encumbrances result in clouds on a property’s title and may affect the resale value of said property. Encumbrances are typically liens, easements, restrictions, and encroachments.

The act of making things equal. In divorce, an equalization payment may be made by one spouse to the other in order to balance the value of the assets they each keep in the settlement.

A way to split assets and debts that is fair to both parties. Equitable distribution takes into account factors that would not necessarily result in a 50/50 split.

A sum paid by a seller to a buyer—or a buyer to a seller—to cover certain repair bills or closing costs. Escrow credits are built into a real estate contract and don’t change the agreed-upon selling price of the property. Learn more about how credits work.

Communication with a judge that excludes the opposing party or their attorney. It can also describe communication by one attorney to the opposing party without that party’s counsel present. In the case of a RRDS2GO, ex parte communication would be any case-related communication that takes place between that agent and only one spouse which would be relevant to, but excludes, the other spouse.

The ALTA settlement statement is an itemized list of all of the fees or charges that a buyer and seller will pay during the settlement portion of a real estate transaction. Learn more at https://www.alta.org/trid//.

FMV is the price buyers are actually willing to pay for a property, regardless of the property’s official valuation. Learn more about fair market value.

FMV is the price buyers are actually willing to pay for a property, regardless of the property’s official valuation. Learn more about fair market value.

A type of government loan that helps low-income buyers and buyers with low credit scores, short sales, foreclosures, or bankruptcies in their history to acquire their first homes. FHA loans are insured by the Federal Housing Administration. Learn more about FHA loans.

One person’s responsibility to act in the best interest of another. In real estate, an agent’s fiduciary duty typically involves selling a client’s property for the best possible price, or helping a client buy a property for the lowest possible price. In each case, the agent is expected to adhere to the highest ethical standards and operate with the utmost care, integrity, honesty and loyalty. More information on fiduciary duty.

a detailed final inventory of assets and debts that must be submitted to the court at or near the end of a divorce proceeding.

Fair Market Rent, or Fair Market Rental Value, is the estimate of what a property might be worth in terms of rental income. Fair market value can be determined by the property owner, but a list is also calculated and published by HUD.

Federal Home Loan Mortgage Corporation: A government-sponsored enterprise that helps low- to moderate-income buyers obtain mortgages by buying and guaranteeing mortgages from small thrift banks through the secondary mortgage market. Learn more about Freddie Mac.>

Home Energy Renovation Opportunity: A financing program geared toward helping homeowners make energy- and water- efficient improvements to their homes. HERO loans are attached to the mortgage as a tax lien, which means that the balance either needs to be paid off at the time of sale, or passed on to the new homeowner. HERO is a type of PACE loan. Things to know about buying or selling a PACE property.

A claim against property designed to secure a debt. For instance, a home remodeler might place a mechanic’s lien on your home so that he can recoup costs if you fail to pay his final invoice (he recoups costs by inserting himself into the equity stream of your home). Once his invoice is paid, the lien is released via a written waiver. Other common liens include tax liens, mortgage liens, HOA liens, and judgment liens. More information on real estate liens.

When an attorney represents a client for only one part of a legal matter, but not the entire matter. Examples of when you might use limited scope representation.

A notice filed with the court that states a lawsuit has been filed against a piece of real estate. A lis pendens typically challenges the title of the property or attempts to establish a claimed ownership interest in it.

a mandatory meeting of all parties involved in a case that is meant to explore different settlement options.

An arrangement where the children of divorce continue to live in the family home while the parents take turns moving in and out.

The cash payout a seller receives at the close of escrow. Typically, the difference between the selling price of the home and the costs involved in selling it, such as mortgage payoffs, taxes, commissions, and closing fees.

Property Assessed Clean Energy programs: A series of clean energy renovation loans. PACE loans are attached to the mortgage as a tax lien, which means that the balance needs to be paid off at the time of sale or passed on to the new homeowner. Things to know about buying or selling a PACE property.

A real estate listing that is offered to a private network, such a group of agents or investors, but never offered to the public at large.

The act of one joint property owner purchasing the equity interest of the other joint owner.

An initial statement of assets and debts that each divorcing party must file at the beginning of a divorce proceeding.

A document that provides an overview of the ownership and financial status of a property. A property profile can expose certain loans and liens that exist on the property's title.

Qualified Domestic Relations Order/Domestic Relations Order/Court Order Acceptable for Processing: All of these refer to court orders that split one spouse’s pension or retirement funds between both spouses. Learn more about COAP.

A mandatory repair that must be completed in order to bring a building up to a reasonable standard.

An agreement made between parties which is submitted to the court for approval. It eliminates the need to go before a judge and ask for a ruling on an issue that the parties have already agreed upon.

The official document that describes the manner in which ownership of a property is held. See also: Common methods of holding title.

A person who verifies the risks of lending to a borrower/home buyer. Underwriters review the buyer’s credit history; order the home appraisal; verify income, employment, and savings; and calculate the borrower’s debt-to-income ratio. Underwriters work on behalf of the lender.

A type of government loan that helps veterans acquire homes at favorable rates and with no down payment. VA loans are partially insured by the Department of Federal Affairs. Learn more about VA loans on Investopedia and on Bankrate

The process of identifying how much a property is worth. Valuations can be determined by automated systems (AVMs), appraisers, or real estate agents. When valuation is provided by a real estate agent, it’s called a CMA. More information about real estate valuations.

a voluntary meeting of all parties involved in a case that is meant to explore different settlement options.

A written regulation that defines how property in specific geographic zones can be used. Learn more about zoning ordinances.