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

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 off the top before a distribution.  In other words, where the case calls for an unequal split of the  marital estate, the net proceeds or dificiencies from any sale of property may be less than equal.

There are several other ways in which a marital home can be dealt with in divorce court.  For more information call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at for more information.


Marital home options in divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are several things you can do with your spouse and the marital home if you are contemplating divorce.  Given this economy, leave it to the lawyers to offer you options.

1.  Find a buyer at any price and let the lawyers assist you with lenders to accept a short sale.

2.  Get your divorce and remain real estate partners with your spouse until the market turns around. One of you stays in the home, continues to pay the mortgage, and maintains the property,  (you have to live somewhere anyway).  Settle it all out at the time of sale years later.

3.  Allow the children and one parent to remain in the home until the youngest child reaches the age of majority.  Do a split (50/50, 60/40, 70/30) on handling the costs by agreement.

4.  Sell the house at today’s fair market value.  If you have equity, you will still come away with cash in hand.  If not, then a short sale is the way to go.

5.  Dump the house and let the mortgage lender worry about it.  The bad thing about this alternative is you ruin your credit and that of your spouse. 

For more information about the marital home and divorce, click on the Robin Roshkind, P.A. website at or set an appointment for a consultation with one of the Firm’s attorneys by calling 561-835-9091.