Forced Sale of House in Divorce — New York Procedure Explained
When divorcing spouses cannot agree on what to do with the marital home, New York Supreme Court has the authority to order it sold — even over one spouse's objection. The mechanism is a motion under DRL § 234 in the matrimonial action, not a separate partition lawsuit. This article walks through when courts grant forced sales, how the procedure works in Nassau and Suffolk Matrimonial Parts, and what each spouse can realistically expect.
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