Marketing (and Communicating) a Property Sale During a Divorce Settlement, Sensitively
Every agent ends up here eventually: a listing comes in where the two vendors are a separating couple, and the easy, human instinct is to pick whichever one seems "easier to deal with" and run most of the communication through them. 💖 It feels efficient in the moment. It is also one of the fastest ways to blow up a sale, because the moment the other party feels sidelined, they start questioning every decision — the price, the agent, the campaign, all of it. The fix isn't complicated, but it does need to be deliberate, because nothing about this situation runs on autopilot the way a normal listing does.
What most agents get wrong
The most common mistake is assuming that because the two owners are separating from each other, they need to be managed as a single, slightly-difficult "vendor problem" rather than two separate clients who both happen to own the same asset. Agents either over-correct by refusing to speak to either party without the other present (which grinds decision-making to a halt), or under-correct by letting one party become the de facto point of contact because they reply to emails faster. Both approaches create the same outcome: one person feels unheard, and an unheard co-vendor is a vendor who second-guesses every recommendation you make, often through their lawyer.
- Before you list: confirm in writing (an email both parties are cc'd on) how updates will be sent — jointly, or identical separate emails — and who, if anyone, has agreed authority to approve day-to-day campaign decisions like photography timing or minor copy edits.
- Every update: send the same information to both parties at the same time, even if one of them forwards it to a solicitor and the other reads it on the spot. Never summarise a conversation with one party to the other — send the facts, not your interpretation of the mood.
- Price and offer conversations: put substantive decisions (accepting an offer, changing the asking price, agreeing to a condition) in writing to both parties, even after a verbal yes. "Confirming our call just now — you've both agreed to accept the offer of $X subject to your standard conditions. Please reply to confirm." A written confirmation protects you and gives each party a clean record.
- If they ask you to take sides: redirect, every time. "I can only act in both your interests as the vendors — for anything about the settlement itself, that's best raised with your solicitor." Keep a simple log of who said what and when, in case it's needed later.
- Listing copy: write it the way you'd write any other listing — focused on the property, not the circumstances. There's no need to reference the sale's background in marketing material at all.
The mechanics of running the campaign
Practically, this often means slightly more admin than a standard listing — identical emails sent twice, a shared decision log, sometimes a short call with both solicitors before the campaign launches to confirm who needs to be copied on what. It's worth it. Agree early on a simple house rule: open home feedback and offers get reported the same way, to both parties, on the same day, and any decision that needs a yes or no gets a deadline attached so the campaign doesn't stall waiting on one party. If timing or decision-making genuinely can't proceed without legal input — which happens, especially around accepting conditions or extending settlement — say so plainly and let the solicitors resolve it rather than trying to broker it yourself.
Mistakes to avoid
- Letting one party become the "main contact" by default, just because they're easier to reach.
- Relaying one party's comments or tone to the other instead of sticking to facts and decisions.
- Offering any opinion on the settlement itself, even informally — that's a matter for their own legal and financial advisers.
- Referencing the separation in listing copy, social captions, or signage — the property should be marketed on its own merits.
- Skipping written confirmation of verbal decisions because "they already agreed on the phone."
Frequently asked questions
Can I still run a normal marketing campaign — photography, open homes, signage — for this kind of sale?
Yes, in almost every case the campaign itself runs exactly like any other listing. The difference is entirely in how you communicate with the vendors, not how you market the property to buyers.
What do I do if the two vendors disagree on price or an offer?
Present the facts and your professional appraisal to both parties in writing, and let them resolve the disagreement with their own advisers. It's not your role to mediate the settlement itself — only to give both parties the same accurate information about the market and the offer in hand.
Should I ask upfront whether this is a court-ordered sale or a private agreement?
It's reasonable to ask early, gently, simply so you know whether solicitors need to be copied on communications and whether there are external deadlines (like a settlement date) that affect your campaign timeline. You don't need, or want, the details beyond what affects the sale logistics.
Is it ever appropriate to speak to one party without the other knowing?
Generally no — and this is the area with the most nuance. Routine logistics (confirming a photographer's arrival time with whoever's home that day) are fine to handle individually. Anything that could be read as a decision, an opinion, or new information about price or offers should go to both parties, copied, every time. When in doubt, cc both.
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