Forcing sale of marital home/ED


#1

A court will make a division of all of the marital assets including the equity in the marital residence. They may not order the home to be sold, especially if one party is living there with the minor children, however they will make a distribution of the equity in the residence.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

In filing for divorce and ED, can the filing party or the judge force the sale of the marital home in order to settle the ED? STBX may want to stay in the marital home with 15 yr old child, but my understanding is that when ED is settled the house has to be sold or half the equity paid. She can not stay in the house free until the child is 18, right? PLease advise. Thanks!