| Rudy Flores · (619) 392-6714 · Real Estate Strategist, Realtor® · CalDRE #02257808 · Responsible Broker CalDRE #01481919
REAL ESTATE DIVORCE AGENT
Question Guide

Divorce and the Marital Home: Questions to Ask Your Attorney, Your Lender and Your Agent

The home is often the largest asset in a divorce. These are the questions worth asking each professional so you make decisions with clear eyes.

QUESTION GUIDE · SEPTEMBER 2026

You do not need to know the answers before you start. You just need to know who to ask. This guide sorts the most useful questions by professional, so each conversation is focused and productive.

Questions for your attorney

  • What restrictions apply to the home while the divorce is pending?
  • Should we sell, or should one of us keep the home?
  • How will the proceeds or equity be divided under our agreement?
  • Who has to sign the listing agreement and approve offers?
  • What is the expected timeline, and can the sale be scheduled around it?

Questions for your lender

  • If one of us keeps the home, can that person qualify for a loan on their own?
  • How will support payments be treated when calculating income and debts?
  • What would a refinance cost, and how long would it take?
  • What credit or documentation issues should we address first?

Questions for your tax advisor

  • How might the sale be taxed, and what exclusions could apply?
  • Does the timing of the sale matter?
  • How should the cost basis of the home be determined?

Questions for your real estate agent

  • What do you estimate the home is worth, and how did you get there?
  • How will you share information with both of us?
  • What preparation is worth doing, and what is not?
  • How long will the sale likely take in the current market?
  • How do you protect our privacy?

Keep the roles clear

An agent handles the real estate transaction. An attorney gives legal advice, a lender advises on financing and a tax advisor explains tax consequences. Rudy coordinates with your other professionals and stays in his role.

Write down the answers

Keep a simple notebook or file with what each professional tells you. It helps you compare advice and spot gaps.

General information only, not legal, tax or financial advice.

Talk to a lender. Rates, loan programs and approvals come from lenders, not from websites or real estate agents. Talk to your own mortgage broker, or use our preferred lender, Point Mortgage Corporation (NMLS #231073), at (619) 475-4095. You are always free to choose any lender you like, and you can verify any lender’s license at nmlsconsumeraccess.org.

Related reading

Want Help With the Real Estate Questions?

Rudy can answer the real estate questions on this list and coordinate with your attorney and lender on the rest.

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