Dennis’s PerspectiveTreasure Valley, Idaho
A direct look at what actually helps divorcing homeowners — and the common agent behaviors that make a hard situation harder.
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Dennis Fomin
Fomin & Company · Associate Broker, GRI, RSPS · 2026
Quick Answer
What do divorcing homeowners need from a real estate agent in Idaho?
Three things: genuine neutrality between the two parties, competent coordination with attorneys and the court timeline, and the ability to keep the transaction moving when emotions threaten to stall it. Most of what divorcing homeowners need from an agent is not about real estate skill — it is about professional conduct under pressure. The real estate part is straightforward. The human part is where most agents fall short.
Dennis Fomin — Founder, Fomin & Company. I will be direct about what I have seen agents do wrong in divorce situations — and what I do differently. Not to promote myself, but because you deserve to know what to watch for before you hire someone.
What Divorcing Sellers Actually Need
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True neutrality — not surface neutralityMany agents say they are neutral. True neutrality means not sharing one client’s communications with the other, not expressing opinions about the divorce, and not allowing one party’s pressure to influence the advice given to both. It is harder than it sounds and most agents do not maintain it.
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Attorney coordination, not competitionThe agent’s job is to handle the real estate. The attorneys’ job is to handle the legal process. An agent who tries to give legal opinions or who creates friction with the attorneys adds cost and delay. An agent who coordinates efficiently with legal counsel moves the transaction forward.
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Keeping the deal alive under emotional pressureDivorce transactions are more likely to fall apart than standard sales — not because of market conditions but because one party has a bad week, an attorney filing creates urgency, or an offer negotiation becomes a proxy fight for something unrelated to the house. An experienced agent knows how to de-escalate and redirect.
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Honest communication with both parties simultaneouslyBoth spouses should receive the same information at the same time through the appropriate channels. An agent who communicates primarily with one spouse — even the more responsive one — creates informational asymmetry that the other spouse’s attorney will eventually use as a problem.
What Most Agents Get Wrong in Divorce Sales
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Taking sides — consciously or unconsciouslyThe more likeable or responsive spouse often gets more agent attention and more favorable framing of information. The other spouse notices, their attorney notices, and it becomes a transaction problem.
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Trying to mediate the divorceAn agent who inserts themselves into the legal and personal disputes between spouses is overstepping their role and creating liability. The agent’s job is the real estate transaction. The divorce is for the attorneys.
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Avoiding difficult conversations to keep the peaceAn overpriced listing needs a price reduction. If both spouses must agree and one refuses, the agent must have that conversation directly — not hint at it, not soften it beyond recognition, not pass it to the attorneys to handle. Avoiding it costs everyone money.
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Sharing one party’s private communicationsEach spouse’s private conversations with the agent should stay private. An agent who tells Spouse A what Spouse B said privately — even with good intentions — is violating the trust of the transaction.
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Rushing to close when the parties are not readyPressure to close quickly — to end the agent’s discomfort with a difficult situation — can result in an under-priced acceptance or a missed negotiation opportunity. Move at the pace that protects the sellers’ financial interests, not the agent’s convenience.
What I Do Differently
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Parallel communication — both parties receive the same information at the same timeI send every material update to both parties simultaneously. No one is in the information loop at the expense of the other.
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Market data is the neutral arbiterWhen one party wants to price higher and the other lower, the comparable sales data is the answer. I present the data; I do not advocate for either party’s preferred price.
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I stay in my laneMy job is the real estate. The attorneys handle the divorce. I coordinate with both efficiently and stay out of the legal dispute entirely.
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I have the hard conversations directlyIf the listing is overpriced, if a showing request is being unreasonably denied, if a party is creating a problem that is hurting the transaction — I say it directly to both parties, in writing, at the same time.
Frequently Asked Questions
Can a divorcing couple use the same real estate agent?+
Yes, when both parties genuinely agree to it and the agent can remain truly neutral. In higher-conflict divorces, separate agents — one for each spouse — may be a better arrangement to avoid any perception of bias.
What happens if one spouse refuses to cooperate with showings?+
Non-cooperation with showings can be addressed through the divorce attorneys with a court order specifying that the home must be made available for showings. A court can compel reasonable cooperation with the sale process.
Should I tell my real estate agent about the reasons for my divorce?+
You do not need to share personal details, but it is helpful to tell your agent whether the divorce is amicable or high-conflict, whether both spouses are represented by attorneys, and whether there are court orders governing the sale. This context helps the agent manage the transaction appropriately.
What if both spouses have different asking price expectations?+
Market data — a Comparative Market Analysis or a formal appraisal — is the neutral basis for pricing. The agent presents current comparable sales to both parties. If both are still unable to agree, the attorneys facilitate resolution.
How does a divorce sale affect my credit?+
The sale of the marital home itself does not affect your credit. What matters for credit is whether mortgage payments continue to be made during the sale process and whether the home sells for enough to pay off the mortgage. Short sales or foreclosures — which can occur if the home cannot sell before missed payments accumulate — do affect credit.
Going Through a Divorce and Need an Agent You Can Trust?
Dennis Fomin — Founder, Fomin & Company. Associate Broker, GRI, RSPS. Free 2026 This Is Boise Area Guide.
- —Genuinely neutral representation — both parties treated equally
- —Attorney coordination — Dennis works efficiently with divorce legal counsel
- —Direct communication — what needs to be said gets said to both parties
- —Confidential consultation with no obligation
Serving Boise, Meridian, Eagle, Nampa, Caldwell & the Treasure Valley.
Summary
Divorcing homeowners need an agent who is competent at the real estate, professional under pressure, and genuinely neutral between two people who may be in significant conflict. That combination is less common than it should be. The questions in this guide give you a framework for finding the agent who actually has it.
In a divorce, you are already managing enough. Your real estate agent’s job is to make the home sale the least complicated part of an already complicated period.
