Does the Court have the authority to Order the marital residence to be sold?
In most cases, yes. In New York, the court has the authority to order the sale of the marital residence during a divorce action if it is deemed necessary or appropriate. The court may order the sale of the marital residence if:
1. The parties cannot agree on how to divide the property, and the court determines that selling the marital residence is the most equitable way to divide the property.
2. The marital residence is too expensive for one spouse to maintain after the divorce, and the other spouse cannot afford to buy out the other's interest in the property.
3. The parties agree that selling the marital residence is the best option for both parties.
If the court orders the sale of the marital residence, it will typically appoint a neutral third-party to act as the listing agent and to handle the sale of the property. The proceeds from the sale will be used to pay off any outstanding mortgages or liens on the property, and any remaining proceeds will be divided between the parties according to the court's order.
It's important to note that the court will consider a number of factors when deciding whether to order the sale of the marital residence, including the financial circumstances of both parties, the best interests of any children involved, and any other relevant factors. If you are going through a divorce and are concerned about the possibility of the court ordering the sale of the marital residence, it's important to speak with an experienced divorce attorney who can advise you on your rights and options.