Legal Question in Family Law in Massachusetts
house
if someone is divorcing and they both own the house , and one does not want the other one to keep the house , can you insist on selling the house so the other can not buy it
2 Answers from Attorneys
Re: house
No. You either sell or don't sell. If one spouse can afford to buy at fair market value, then they are no different than the rest of the general public. Option 2 is to waste a few thousand dollars fighting in court over this issue; the end result is the same.
Re: house
The Court places alot of emphasis on what is reasonable. If the other party can afford to buy out your share of the marital real estate by financing it or otherwise, then that is what will happen. You will lose alot of credibility with the Court if you simply don't want your spouse to have the marital real esate.
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