Monday, October 6, 2025 / by Tanya Kerr
Navigating Divorce and Real Estate: Why Your Agent May Also Become a Witness
At T. Kerr Property Group, we help people through all transitions of life—and that includes divorce. When a marriage ends, there are already so many decisions to make. Adding the sale of a shared property on top of it all can feel like a pressure cooker, especially if both parties aren’t fully aligned on how to move forward.
One aspect that most people don’t anticipate? Your real estate agent can sometimes become a witness in your divorce proceedings.
That’s right. From time to time, I’m called to provide testimony about market value, condition, or the sale process of a home during a divorce. These are moments when neutrality, professionalism, and a deep understanding of the legal landscape matter a lot. We’re not just selling a house—we’re often managing high emotions, legal mandates, and timelines that are tied up in the court system.
Let me share a recent example. I represented a divorcing couple where the decree regarding the home was vague. It didn’t clearly state timelines, price minimums, or even who had decision-making power when it came to approving offers. One party was eager to sell and move on. The other? Not so much. That lack of clarity led to delay after delay, conflict after conflict, and a process that could have taken weeks stretched into months.
All of it could’ve been avoided with clearer language in the decree—and a team that was aligned from the start.
Here’s my advice if you’re considering a divorce (or currently navigating one) and there’s a home involved:
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Make sure your divorce decree is crystal clear about the terms for selling the property. Work closely with your attorney to spell out timelines, pricing, authority to accept or reject offers, and what happens if one party doesn’t comply.
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Choose an attorney who is responsive and has a track record of successful resolution. A great attorney helps reduce unnecessary conflict and gives you a path forward.
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Select a real estate agent who has experience navigating divorce sales. This isn’t just about marketing a house—it’s about managing communication between two parties who may no longer trust each other, ensuring compliance with legal agreements, and sometimes providing testimony on what happened during the listing and negotiation process.
The good news? It can be done well. With the right team, you can navigate this chapter with clarity and dignity—and set yourself up for a fresh start. Jessica Thaler, a leading family law attorney in the area said, "At Thaler Law, we understand that real estate is more than just a transaction during divorce—it’s often the centerpiece of both emotional and legal tension. That’s why we prioritize clear, enforceable terms in the divorce decree and work closely with experienced real estate professionals like Tanya Kerr to reduce ambiguity, defuse conflict, and protect our clients’ best interests. When attorneys and agents align from the outset, families gain more than just legal protection—they gain clarity, efficiency, and peace of mind."
If you or someone you know is navigating divorce and needs guidance on the real estate side of things, we’re here to help. We’ve walked with families through every life transition, and we do it with compassion, professionalism, and a commitment to keeping things moving forward.
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Have questions or need a confidential conversation about how to sell your home during divorce? Reach out anytime. We’re here for you.

