Arizona Family Law Procedures Rule 95(G) allows the Court to assign a Real Estate Special Commissioner to assist divorcing parties in the division and disposition of community real property, when the parties cannot otherwise agree. While the Special Commissioners are most commonly used in Family Court, other Courts may also appoint Special Commissioners. The Court will issue an Order of Appointment for Special Commissioner for the Sale of Real Property, which outlines the process to some degree. The Real Estate Special Commissioner will attempt to help the Sellers come to agreements on the sale of the home. If the Sellers are unable to agree, the Special Commissioner has the authority to request a hearing. The matter will be brought before the Judge, the Sellers will have the opportunity to share their story, and the Judge will make a decision.
Real estate transactions can be complex, especially during a divorce or family dispute. While the order is in black and white, the real estate transaction may include many shades of grey. It is important to select a Special Commissioner that is experienced not only in real estate, but also in the complexities that conflict brings into the transaction, and experience in the Court process.
Chris Carter Kent is an experience Real Estate Special Commissioner. Her home was sold by a Special Commissioner during her divorce. She has been assisting divorcing clients since 2010, has worked with the Courts, testified in Court, and consulted as an Expert Witness in Family and Civil Court.