Staying out of trouble with personal property

by | Dec 29, 2023 | Attorney Resources

Unless otherwise agreed upon in the real estate contract or non-realty addendum, sellers are contractually obligated to deliver their home free and clear of all personal belongings. 

Image of a living room with multiple large windows surrounding

What is an escrow period?

If there is a 30 day escrow period, that means that the seller has 30 days or less to remove all of their belongings before closing or they may be potentially liable for breach of contract. 

In a divorce transaction, particularly when one spouse is living in the house and one is not, and/or when there is high conflict or lack of communication btwn the spouses, etc. it is completely possible that the absent spouse forgets until the last minute, or fails to remove their belongings prior to closing, causing both parties to the contract to be potentially liable.

What you need to do for escrow during divorce?

That’s why it’s important to anticipate these potential issues and take precautions. If there is a divorce under way, things may go smoother and this potential liability avoided by deciding and distributing personal belongings prior to listing the home for sale. It’s very helpful to specify a plan and measures as to how the personal property will be divided and removed from the home. (Use storage pods, uhaul, junk removal companies, etc).

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