Real Estate and the Sale of the Marital Residence in Divorce

When parties are divorcing, there can be an issue in regard to the marital home. If neither of the parties intends to stay in or wishes to receive the marital home as part of the dissolution of marriage proceeding, they could agree to list and/or to sell the marital home during the pendency of the divorce proceeding. If the divorce case is over, and the marital home still has not yet been sold, the parties could divide, in a Marital Settlement Agreement and/or pursuant to a Judgment of Dissolution of Marriage, how to handle issues in regard to the sale of the marital residence, including, but not limited to, the current real estate listing, any future listings, sales price, offsets or deductions and how to distribute net sales proceeds once any sale may close.

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