REMOVAL OF PERSONAL PROPERTY
Homes must be cleared of personal property upon before closing. However, in cases involving high-conflict divorce, that can be easier said than done.
Whether the occupant has exclusive use and possession of the residence, or there is a domestic violence restraining order against the out-spouse, coordinating access to the property will be required.
There are a few key times in the life of a real estate transaction where personal property division and retrieval are important:
Pre-listing: Here, we are focused on decluttering and thinning out possessions. This is a very good time for the out-spouse to retrieve their belongings, because it kills two birds with one stone: It helps with staging (less is more), and it takes care of the property division early in the process, making it one less thing to worry about.
Under contract: In most circumstances, this is a 45-day escrow period before the house has to be vacated. During this period, buyers order inspections and appraisals. Access to every nook and cranny is necessary for an appraiser and home inspector to do their jobs, and it is the responsibility of a seller to make the house accessible. If the garage, closets, or attic are filled to the brim with “stuff,” these inspections may be incomplete and must be rescheduled. This costs the parties money and time.
Prior to closing: This is the eleventh hour when tensions are high. Buyers have given notice on their current residence, have a moving van packed, and contractors lined up. By this point, if property hasn’t been divided, it’s too late to file a motion and get a court order without the parties breaching their contract with the buyers to close on time.
When obtaining an order or agreement for the property to be listed for sale and there is a restraining order, or access to the house will be a conflicted matter, keep division and removal of personal property in mind. Include in the order when, exactly, the out-spouse is to retrieve their personal property and the procedure for doing so.