Over the past few years, we have seen the sale of the marital home during a dissolution of marriage action become almost the new norm.  Before the recession, the marital home helped solved financial problems with plenty of equity to go around, but now it often causes financial stress leading to a sale.  In turn, this causes a new set of issues to be addressed including, but not limited to, when the home should be listed for sale and with whom, what the listing price will be, who will remain in the home while it is being sold, who will pay for the expenses related to the home while it is being sold, who will be responsible for the repairs if needed, what happens to the proceeds, etc. 

If you believe this is an issue you will be facing during your dissolution of marriage, be sure to discuss the specifics and include those in your agreement, or even a separate agreement, to ensure that you understand your responsibilities while being sold and your interests in same after the home is sold.

To that extent, here is a good article from the realtor’s point of view and how the dissolution process could impact the sale of your home.

http://www.nytimes.com/2013/04/02/nyregion/divorce-as-a-niche-for-realty-agents.html

Alisha Cyrus, Paralegal, contributed to this article.