Can The Court Force Me To Sell The Marital Home?

Question:

My ex-wife obtained an emergency court order forcing me to sell our marital home for less than I want.

She says she cannot afford the marital home mortgage, which has my name on it. I never agreed to the Realtor or signed any sort of document.

Can my ex-wife and/or the court force me to sell the marital home?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.

With regard to your question on whether the court can order the sale of the marital home, the answer depends in part on how the distribution of the marital home was addressed in your Marital Settlement Agreement.

For example, I do not know whether you conveyed your interest in the home to your wife on the condition that she agreed to assume full responsibility of the mortgage until she is able to refinance.

I can tell you that when there is insufficient income to meet the financial obligations of the marital property, the court can order the sale of the marital home. Since the marital home is typically the largest marital asset, the courts are inclined to preserve the asset as opposed to having the house fall into foreclosure and damaging your credit.

Again, without knowing the specifics of the marital settlement agreement, your wife  may be able to force you to sell the home before she defaults on the mortgage. Additionally if there is any equity in the home, she may want to sell the home  to allow for the proceeds to be disbursed according to your divorce agreement, assuming it provides for same.

It appears that your wife obtained an emergency court order to compel the sale of the home.  If you want to challenge the order, you can file a motion for reconsideration, which must be filed within twenty (20) days of  the order, at least according to the divorce laws in my state.

In the alternative, you can file a motion to vacate the court order and would have to explain to the court why you do not agree with the decision to force the sale of the former marital home.

Since your ex-wife has obtained an emergency court order, you would need to file a motion immediately if you decided to challenge the order.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey Divorce Lawyer Christine A. Dolan, contact Cordell & Cordell.