Can A Divorce Court Judge Force The Sale Of The Marital Home?

Hot Topics in Divorce Blog

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is yes…if the parties cannot agree between themselves what to do with the marital home, the divorce court judge can order that the marital home be sold in the prevailing marketplace, and at fair market value, with the net proceeds, if any, split between the parties, as well as any dificiencies.  Usually the split is 50/50, but there are certain circumstances under which the divisionof net proceeds or dificiencies may be unequal.

For example, if the wife proves in court that the husband has spent substantial amounts of money on a paramour, or gambling habit, or drugs.  This is called marital waste or dissipation of marital assets.  Another example is where a spouse sold a home prior to the marriage and then used those funds to purchase the marital home, when the marital home sells, the spouse gets that premarital money…

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