Can a judge force the sale of our home during a divorce in PA, the short answer is Yes. If one spouse is uncooperative… I specialize in all the details attending the division of property on The Main Line PA. Typically, a home is one of the biggest assets a couple owns, so it can also create the biggest disagreements about how it should be divided. There are many reasons a spouse may be uncooperative. Besides the financial value, there are often other considerations such as the emotional value a house has to one or both parties. In most cases, the couple can work out which party stays in the marital home. However, if the parties are not able to agree, then a judge will determine what happens with the marital home.
We find that the Judge’s position is that if an agreement about the house is not made, the court will order the house sold and the proceeds divided. Given both the financial and emotional value of a home, though, some might prefer not to sell the house unless the parties desire to do so.
However, there are circumstances in which a divorce judge will force the sale of the marital home. Particularly when the finances would not allow one spouse to remain in the home. Especially if there is a threat that the house will be lost through foreclosure.
Another reason to compel a sale is if you need funds to survive on during and after the divorce. This could include paying for legal fees. Losing a job during a divorce may also be a legitimate reason as well. The sale of the house will be included as part of the final settlement.
In Pennsylvania, one of the judge’s most important roles is to preserve the value of the couple’s assets. Under PA law, a judge is given broad discretion to act regarding the determination of title to the property. If the court believes either of the parties is wastefully squandering the couple’s assets, the court may intervene. If keeping ownership of the marital home will result in the dissipation of the couple’s assets, the court can order the home be sold. Like if the parties are not able to afford the mortgage payment because the primary breadwinner in the family lost their job, the court may order that the home be sold rather than go through the foreclosure process.
If the spouses cannot agree on an asking price, the court can order a third-party appraisal and determine an asking price on its own. Similarly, a court can also order that a home be auctioned off if the circumstances warrant it. Did you know that an objecting spouse cannot prevent the sale of a marital home by failing to negotiate a fair asking price for the home?This is one talking point that you can discuss with your agent.
It is essential for those going through a divorce to understand that a court will not automatically put their house up for sale but that it is a distinct possibility.
If you are currently separated or in the process of a divorce,and are concerned about your home, it is crucial that you consider all of these important issues. You may consider a free consultation with a professional real estate agent, as an important a step as your consultation with an attorney to discuss your options. We work with these situations all the time and if you click below, we are happy to discuss your unique situation. If you found Can a Judge Force the Sale of a Home in PA, useful, Call today, and let’s start this new chapter together. Kimmy Rolph Sells The Main Line and Local Areas.