When a party refuses to cooperate in the sale of jointly owned property, the court can appoint a Special Commissioner of Sale. This is a licensed and experienced attorney that is given broad powers by the court to sell the real estate in question. The Special Commissioner’s powers usually include hiring a real estate agent, listing the property for sale, entering into a sales contract, executing documents at settlement, and handling the proceeds from the sale. In virtually all cases, once the property is sold, the Special Commissioner asks the court to approve the Special Commissioner’s distribution of the proceeds.
The major downside of a Special Commissioner is that their compensation for their services is a significant percentage of the proceeds from the sale of the property. This can cost both parties thousands of dollars. In certain circumstances, the court may order the non-cooperating spouse to bear the cost of the Special Commissioner’s commission, but this is by no means a certainty.
To learn more about whether a Special Commissioner is the right choice for your case, call or (571) 418-1985 or e-mail email@example.com to schedule a consultation.