can court order that house be sold?

[pingster]

The judge awarded me our marital residence after granting me a year extension on a CPO. My husband, whom I'm divorcing, is on the title with me. The cost to maintain the house averages $10,000 a month. He was paying the bulk of that amount until he lost his job in early May. I don't make nearly enough to pay that and feel like I'm the financial precipice. He wants me to sign a home equity line with him for $50k, but I don't want to. I want to sell house, despite the upheaval, especially on our two children, ages 8 and 10. We live in the District of Columbia. While you might not know the law in my area, can a court order a home to be sold? I understand I can file a petition with the court and ask the court to order the house sold without my husband's permission if I provide sufficient documentation that the house will move into foreclosure soon? I could not pay the June mortgage. My husband would like to keep the residence.

Any thoughts would be appreciated.

[Wolfy]

I am not a legal expert but I do have a question and comment. You say you were awarded the house. Was your husband ordered to make payments on the house? If not, it would be your responsibilty to make payments and pay the bills on it. the judge can order anything he/she wants to but I would think it more likely for the judge to say you or he is responsible for paying on something and if not you would have to take whatever measures nesiccary to make the payments.

[Lee Borden]

Yes. Judges can and do order houses to be sold on a regular basis, even when one of the spouses is opposed to the sale. Before you go see your lawyer about this, write down the reasons you would say the house needs to be sold, and then as to each point you make, write down what you think your Ex would say in response to it. That exercise has a nice way of letting you know what you're up against, and it may save you some time and money if you can anticipate the arguments before you hear them.