Q: I am getting divorced. My wife and I purchased a home. However I am the only party on the mortgage. We are both on the
Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a property I can no longer live in.
A: The court wll likely force a sale of the property. You should speak to an attorney to get more specific advice on your particular case.
A: Especially when a minor child is involved, a matrimonial court is not limited to forcing a sale of the property in the situation described.
A: Although there is a minor child involved, unless your wife can come up with a way to pay for the monthly expenses (including the mortgage) on the house, the court will most likely order the sale of the residence.
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