The marital residence may be the largest asset for many people who are going through a divorce. There are many issues that need to be considered in relation to selling your home:

• Who will live in it during and after the divorce? IT DEPENDS
• Who will pay the mortgage, utilities, taxes, upkeep, etc, during and after the divorce? IT DEPENDS
• Will it be sold or will one person buy the other out? SOMETHING
  MUST BE DONE
• Will the person who does not keep the house have his or her name taken off the mortgage also? NOT NECESSARILY
• Will the person who wants to keep the house have to refinance the mortgage into his or her own name after the divorce? PROBABLY
• Will the person who has to refinance or sell the house have any specific time period in which this needs to be done? YES
• Will the judge order the house to be sold, or one person’s name taken off the house, during the case? NO
• After the divorce decree is finalized, does this change the way that the parties hold title to the property, if they are still both on title? YES
• Will the parties need to come to agreement on the contents of the house (personal property)? Is this property considered separate from the marital residence itself? YES and YES.

The parties can come to an agreement to sell the house during the divorce, though it is highly unlikely that the judge will order it sold until trial when there is a full determination of how the assets and debt are to be divided.