Marital Home - Setting the price for sale


#1

My ex and I have agreed to sell the marital home, however, I do not want to lower the current price just to sell as quickly as possible. Can the courts force me to set a specific price? This market is terrible and we would lose a great deal of equity.


#2

No. The Court cannot force you to sell your home at a specific price! The Court can ORDER that the home is sold and determine the percentages each party receives, but setting the price? No…unless of course you have a judge like I had and I doubt that you do.


#3

Upon motion of either party, the court can make an interim allocation or interim distribution of marital and divisible property, and the court can require orders that are designed to prevent the waste or dissipation of an asset. There is no statute that specifically permits a court to lower the asking price, but there is fairly wide discretion for judges to issue orders that may well provide the same result.