It’s a common question — particularly when one spouse wants to sell and the other wants to stay.
As with many things in family law, the answer is: it depends.
If both spouses agree to sell the marital residence, the process can be relatively straightforward. But even then, it’s important to agree on the details: How will the listing price be set? When must an offer be accepted? And will the proceeds be divided immediately or held in escrow until equitable distribution is resolved?
But what if one spouse doesn’t agree to sell?
That’s where things get more complicated.
A spouse seeking to force a sale may need to ask the court to intervene. Financial circumstances are often an important part of that analysis — particularly if the carrying costs of the home can no longer be sustained or the property is not being properly maintained.
The bottom line: Wanting the house sold and being able to force its sale are not necessarily the same thing.
Every family and every case is different. If you’re facing questions about the marital home — whether to stay, sell, or what happens when you and your spouse don’t agree — the MacElree Harvey, Ltd. Family Law team can help you evaluate the legal and practical considerations before making that decision. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.
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