Divorce disputes in Georgia commonly involve the family home. As the most valuable asset in most marital estates, the family home presents numerous issues. One potential issue is the possibility of selling the property. What happens if you want to sell the home, but your ex would rather not? Is it possible to force your ex to sell, and how might you approach this situation in Georgia?
Only the Courts Have the Authority to Order the Sale of a Family Home
First of all, it is important to realize that you cannot “order” or “force” your spouse to do anything. You do not have the authority of the divorce courts, and it is impossible to exert such control over another person. However, there are certain strategies you can employ to encourage the courts to make specific decisions. You may also persuade your spouse to carry out certain actions with effective negotiation strategies outside of court.
Pushing Through a Sale Via Litigation
If your divorce is litigated, various strategies may encourage the court to push through a sale. The most obvious strategy is to simply refuse any other option. If the judge sees that both spouses cannot agree on how to divide the property, the simplest solution is usually to order a sale. This may result in the spouses splitting the proceeds based on the equitable distribution process in Georgia.
Pushing Through a Sale Via Negotiations
If you opt for an uncontested divorce, you may negotiate the sale of a home through mediation or collaborative law. For example, you may offer other concessions in exchange for a mutually agreed-upon sale of the family home. You might agree to hand over retirement assets, stock investments, or even a vacation home to ensure that the sale occurs.
Celebrity Ex-Husband Pushes for Home Sale in Georgia
A recent example of this occurred in September of 2023 when Kroy Biermann (a former NFL player) attempted to force Kim Zolciak to sell their family home during a divorce. Zolciak is, of course, best known for her work on the reality TV show Real Housewives of Atlanta. The home has been something of a contentious issue, having been set for foreclosure within the past few months. Ultimately, the foreclosure and the resulting auction were avoided by both spouses.
It is unclear whether both spouses actually want the sale to go through, but it would probably be in their collective best interests. Facing dire financial straits, the pair would benefit immensely from offloading this burdensome asset. They have apparently struggled to make their mortgage payments.
Regardless, this illustrates how the process may be approached from a legal process. Kroy has filed a request that the court order the sale of the home. If the request is approved, his ex will have no choice but to comply with the order, and the home will go on the market. It is not clear whether Kim is actually living in the home, although this is certainly a possibility.
Where Can I Find an Experienced Family Law Attorney in Georgia?
If you have been searching for an experienced family law attorney in Georgia, look no further than Lankford & Moore Law. Over the years, we have helped numerous spouses address various divorce-related issues – including common problems like property division. Although the family home may present numerous issues in a divorce, these challenges may be overcome with appropriate legal strategies. Book your consultation today to get started.
