Will the court force a home sale mid-divorce?

UPDATED: Oct 1, 2022

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Will the court force a home sale mid-divorce?

My divorce is not final and my spouse is threatening to contest custody. Our

next step is court-ordered mediation, It has been 9 months since the divorce was filed and my legal bills are around 20K. Can my attorney request a court order for the family home to be liquidated to pay legal expenses?

Asked on July 30, 2018 under Family Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, a court will not do that because doing so now potentially pre-empts the final disposition of the property: for example, say at the end, the court would let your ex buy you out of the home, or let one of you live there--that can't be done if the home was already sold. You can't "unsell" a home. Thus, ordering the home sold or liquidated now is effectively to make a final disposition of it, but the court will not do that until it determines the overall distribution of property and assets and rights to the home.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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