Legal Question in Family Law in United States Minor Outlying Islands
Selling family home
Is it unusual for a Judge to rule that the remaining spouse vacate the family home when it is being listed for sale in order to split the assets. The order says the home will be listed at once. The remaining spouse (husband) retired needs the home to be sold in order to have a place to live. The wife is working and makes a good living salary. The husband has been paying alimony under a temporary order and makes his modest living from his investment portfolioThe wife is living in a comfortable and substancial home (renting). Is it possible or unreasonable under law for the remaining spouse to stay in the home while it is beig sold. The wife moved out taking furnature and assets while the husband was away for a day and filed for Divorce(no fault seperation for a year). Assets are being split 50/50. Wife indicates she wants to buy the husbands portion of the home now.
1 Answer from Attorneys
Re: Selling family home
In most cases, the Court will allow one party to remain in the home while it is listed for sale, as long as that person acts reasonably and cooperates with the Realtor, etc. In some cases, the Court can require the home to be vacated, but that is not common.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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