In a divorce, can a husband force his wife to sell the house?

I want to remain in the home with our two small kids to not disrupt their daily routine. I would like to buy him out to get his name off of the mortgage. Can he force me to sell, or not allow me to buy him out?

Asked on January 7, 2013 under Family Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ordinarily the sale of a community home is the last thing that the court wishes to order particularly when there are children involved. Most likely your spouse cannot force the sale of the home if he is willing to be bought out and you can accomodate his desires. I suggest that you consult further with a family law attorney about the matter for options.

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