More details to this question:
---husband and wife attempt to come to divorce and child support terms through mediation ---as part of mediation agreement, two homes (one income property, one residence plus rental units) were split between the husband and wife. Quit claims were processed. Mortgages were re-fied. This was in 2013. Wife's property more equity and higher rental income. Husband's property is his residence with rental units. ---after med. documents were completed, husband and wife took to lawyers for court filings. After which wife was convinced by her lawyer that she could get more money so this went to court. ---7/20 should be final court date of divorce. Focus has until this point been mostly on child support. ---on 7/11 wife's council communicated to husband's council that wife would like to sell both homes and split the profit. Husband's council seems to think judge can force this. --addtl nts: currently wife rcvss child support from rental income from husband's property
1 ANSWER
Divorce Attorney serving Des Plaines, IL
at
Law Office of Sven M. Sommers
Update Your Profile
Hello, Alexis.
The answer to this will all be in the fine details, but from what information you've written it would appear that the answer is yes, the Judge can force the sale.
As a general rule, if the parties can find common ground and agree on something then the Courts will go along with it. However, if no agreement and common ground can be found, then the Judge will be the one to decide how the assets are split. In this case, the Judge would be deciding the fate of the properties. When one spouse files for divorce, they are asking the Court to decide this from the outset, and the Court will do just that if need be.
So, it appears that yes, the Judge in this case will be able to force the sale of the property.
Answered on Jul 14th, 2015 at 9:03 AM