Married. Purchased home together. No children. In the event of a divorce, can one party insist on the sale of the home? Do I have any rights to it?

Just wondering if I can be forced to
sell my home.

Asked on January 18, 2018 under Family Law, South Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, either as part of the divorce and the distribution of assets, or simply as a co-owner of the home, your spouse has the right to force the sale of the home (any property co-owner can force the sale if he and the other owner(s) cannot voluntarily work out what to do with it). You could, finances permitting, very likely arrange to keep the home by buying out your spouse's interest at fair market value or under such other terms as the two of you agree to.

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