The process of going through a divorce is often complex, both emotionally and financially. One of the most contentious issues that must be addressed is how to handle marital assets and debts. If you are filing for divorce, you may wonder whether you can be forced to sell your family home. In short, yes, there are circumstances that warrant a forced sale of the home. However, the outcome of your asset distribution depends on several factors. For more information and skilled legal advice, reach out to an experienced Suffolk County property distribution lawyer today.

How Does Property Division Work in New York?

In the United States, property division during divorce can operate under a community property or equitable distribution system. New York is an equitable distribution state, meaning that property is divided in a way that is fair but not necessarily equal.

While community property has the couple split everything 50/50, equitable distribution recognizes that a divorce can significantly and detrimentally affect an individual financially. Courts evaluate all relevant factors, like the income and earning capacity of each spouse and contributions made to the marriage, to determine a fair division of assets.

Can I Be Forced to Sell the Family Home During a Divorce in NY?

Family homes are generally always considered marital property, as in jointly owned by both spouses. During a divorce, yes, you can be forced to sell your home. In many cases, one spouse will buy out the other or create a plan on how to handle the split. However, there are several circumstances where a judge may order the sale of your home. Consider the following.

  • If neither you nor your spouse can afford to keep the home, the judge can order you to sell it. If both of you lack the financial ability to buy the other’s share in the home or will not be able to keep up with the mortgage payments or maintenance, it can be sold and the profits can be divided.
  • You could also be required to sell if you cannot agree on what to do. In high conflict situations where neither spouse is willing to budge and no clear situation is presented, the judge could force the sale to break the stalemate the couple is in.
  • You may also be forced to sell if it is the only way to ensure an equitable division of assets. Your home may be the most valuable piece of property you have, and selling the house to split the profits may be the only way to keep things fair.

If you are going through a divorce and have concerns about your family home, it is wise that you consult an attorney. Divorce laws can be complex, and it is imperative that you understand your legal rights and options. Work with a skilled family lawyer for representation during your divorce.