Long Island and the Hamptons
Selling a house during divorce on Long Island
If you are separating or divorcing and a home is part of that change, I can help with the real estate side: a private pricing opinion, a clear listing plan, and communication that treats both of you fairly. I am not an attorney. Your legal decisions stay with you and your counsel.
Thomas J. Morganelli, Licensed Real Estate Salesperson, Long Island Home Properties, LLC, 310 Main Street, Holbrook, NY 11741. Office: 631-676-4663. Cell: 212.470.8247.
The real estate work, handled with care
Selling a home is often one of the larger financial steps in a divorce. It can also be one of the more practical ones, once you and your attorneys have a direction. My role is the listing and the sale, not the legal case, and not a decision about how equity is divided.
I can
- Prepare a written comparative market analysis, which is a pricing opinion, not an appraisal.
- Share that same written opinion with both of you (or with both attorneys) at the same time, when both of you are part of the process.
- Help you plan a list price, preparation that is actually worth doing, and a marketing approach you can both see in advance.
- Set a communication plan so updates and offers are not filtered through one spouse alone.
- Coordinate with your attorneys, and with a title company, toward a closing that follows whatever your agreement or a court order requires.
I cannot and will not
- Give legal, tax, or financial-planning advice, or tell you what a court will do.
- List a property that cannot be listed, or sign documents that I am not authorized to handle.
- Decide how proceeds are split, or hold myself out as a mediator or arbitrator.
- Represent one of you against the other in the sale, or help one spouse conceal a proposed sale from a co-owner.
If the two of you do not yet agree that the home should be sold, start with your attorneys. A listing works when the authority to sell is clear.
Neutral, discreet, and even-handed
I work with both spouses fairly. That is a commitment about how the listing is run, not a claim that I hold a special divorce credential.
The same information, at the same time
I will listen to each of you, together or separately, as you prefer and as your attorneys allow. When both of you are in the process, I present offers and material updates in writing to both of you, or to both attorneys, at the same time.
Pricing that is not a negotiation tactic
Pricing guidance is based on comparable sales, the condition of the property, and the current competition, not on the number either of you hopes to see. I do not take sides in the divorce.
You are welcome to contact me even if you are still deciding. A conversation or a pricing opinion does not obligate you to list.
I also work with homeowners who are not going through a divorce. This page exists to help people who are. Your marital status does not decide whether I will work with you, and it does not change how a listing is priced or how I am compensated.
New York law often comes up in these sales. Here is the general picture
The following is general information about New York, not advice about your situation, and not a complete statement of the law. Please review any decision with your attorney.
Equitable distribution
New York divides marital property under an “equitable distribution” statute. Equitable means fair, which is not automatically a 50/50 split. Whether a particular house is marital property, separate property, or a mix is a legal question. Whose name is on the deed does not, by itself, settle it.
Automatic orders
After a divorce case is filed, automatic court orders generally bar either spouse from selling or transferring real estate without the other spouse’s written consent or a further court order. Do not list or sign on your own. If you both want to sell while the case is pending, put that agreement in writing and involve both attorneys.
Signatures
In many cases both spouses must sign the listing agreement and the contract of sale, and later the closing documents, unless a court order or a valid power of attorney says otherwise. Your attorney should confirm what is required in your matter.
If you cannot agree
Your attorneys can advise you about asking the court for direction. In some cases a court may order that the home be sold, and a referee may be appointed to help carry out a sale. Whether and when that is possible is a legal question. I do not petition the court for you.
How net proceeds are divided, and whether they are held in escrow, is set by your agreement or by the court, not by me. For a longer, still non-legal walkthrough, read the spouse guide.
A clear process, once you have authority to sell
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Confidential conversation and pricing opinion
I review the property and prepare a written comparative market analysis. If both of you are involved, you both receive the same document.
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Agreement on the plan
Before a listing is signed, we settle, with your attorneys as needed, the asking price, access for photos and showings, how decisions will be made, and who receives which updates.
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Preparation and launch
We do the work that is worth doing, then bring the home to market from the plan you have seen.
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Offers through closing
Offers are shared as agreed. Attorneys handle the contract and closing, as New York practice requires. I coordinate the real estate steps and stay aligned with any timeline or proceeds instructions you and your counsel provide.
Selling is one path, not the only one
Common options, which your attorneys and, where needed, a lender or tax professional should help you weigh:
List and sell
Sell the home and divide or escrow the proceeds as your agreement or a court order provides.
One spouse remains
One of you may buy out the other’s interest, often by refinancing. That is a legal and lending question first.
Wait and sell later
For example after a school year or after a judgment is entered. Waiting can keep both of you connected to the mortgage, taxes, and upkeep in the meantime.
If you also want to hear about cash-style offers from qualified buyers, I can explain how that works on the buyer side. I do not buy your house, and neither does Long Island Home Properties. That conversation is optional and is not a requirement of working with me.
Questions I am often asked
Can I list our Long Island home without my spouse agreeing?
Usually no, if you both have an interest in the property or a divorce case has been filed. After a case is filed, New York automatic orders generally require the other spouse’s written consent or a court order before a sale or transfer. I will not help one spouse conceal a listing from a co-owner. Ask your attorney what is required in your situation.
Do we both have to sign the listing and the contract?
In many New York sales, yes, unless a court order gives one of you authority to sign, or there is a valid power of attorney your attorney has confirmed. I will tell you which documents I need. Your attorney should confirm who must sign.
Is the house automatically split 50/50?
Not automatically. New York uses equitable distribution, which means a fair division, not necessarily an equal one. Whether the home is marital or separate property, and how equity is divided, are legal questions for your attorney or the court. I do not decide the split.
Who decides how the sale proceeds are divided?
Your settlement agreement or a court order. I can help you sell the property. I do not allocate the proceeds.
Can you work with both of us, or only with one spouse?
I work with both spouses fairly when both are part of the sale. I can also speak with one of you first, discreetly, about process and pricing. If the property cannot be listed without the other person, we will be clear about that rather than pretend otherwise.
What if we are not speaking and our attorneys handle everything?
That is a common arrangement. I can communicate through both attorneys, send the same written updates, and present offers to both sides at the same time.
Are conversations with you confidential?
I treat inquiries discreetly. I will not advertise that you contacted me. Discretion is not a promise to hide a proposed sale from a co-owner, from your attorneys, or from any disclosure the law requires. See the Privacy Policy.
Do you charge more because a sale is connected to a divorce?
No. My listing compensation is not based on marital status, and I do not add a surcharge because a sale is connected to a divorce or separation.
Are you an attorney? Is this legal advice?
No. I am a Licensed Real Estate Salesperson. Nothing on this site is legal, tax, or financial advice. Please consult your own attorney, and a tax professional for tax questions.
When you are ready to talk
You can request a confidential pricing opinion, book a seller listing consult, or call or text Cell: 212.470.8247. There is no obligation to list.
I am a Licensed Real Estate Salesperson, not an attorney. Nothing on this page is legal advice. Any legal questions, including divorce, property division, title, contracts, or taxes, should be reviewed by a New York attorney.
Thomas J. Morganelli is a Licensed Real Estate Salesperson, not an attorney, tax professional, or financial advisor. Nothing on this page is legal, tax, or financial advice. New York law and court practices can change, and every situation is different. Please consult your own attorney, and a tax professional where tax questions arise, before you make decisions about your property or your case. Equal housing opportunity. Marital status is a protected characteristic under the New York State Human Rights Law. See the Fair Housing Statement and the Privacy Policy.