Should Divorcing Spouses Use the Same Real Estate Agent in Michigan?
When a Michigan couple decides to sell the marital home during divorce, one of the first practical questions is whether to use the same agent. It feels efficient. But sharing an agent during divorce is more complicated than it looks.
Michigan Law on Agent Representation
Under the Michigan Occupational Code and LARA rules, real estate licensees must disclose who they represent in writing at the first practical opportunity. When divorcing spouses jointly own the home and hire one agent, that agent represents the sellers as a unit. The agent cannot share with one spouse information that would harm the other.
The Case For Using One Agent
- Lower transaction friction
- No internal fighting about whose agent gets to keep the listing
- Communication is consolidated
- Often slightly faster to market
The Case Against Using One Agent
- The agent cannot privately advise either spouse on negotiating strategy
- Any information shared by one spouse must generally be shared with the other
- If the divorce gets contentious, the agent may withdraw
- Pricing disagreements have no neutral arbitrator
Red Flags That a Shared Agent Will Not Work
- You and your spouse cannot agree on a listing price within 5 percent
- There is a history of financial deception
- Restraining orders or no-contact orders are in place
- The agent is a personal friend of one spouse only
The Alternative: Skip the Agent Entirely
A growing number of divorcing Michigan couples bypass the shared-agent problem by selling directly to a cash home buyer. With no listing agent and no buyer’s agent, there are no commissions, no showings, no repair negotiations, and no months of waiting. Closing typically happens in 7 to 14 days. Call (810) 547-1135.