Will the court force a home sale mid-divorce?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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