Selling Property During a Divorce

In most states, when one spouse to a marriage files for a divorce, an automatic stay results. That stay prohibits either party from disposing of any property in any way other than ordinary living expenses without order of court or agreement by the other spouse. It operates to maintain the status quo during the pendency of the proceedings while the court decides how to divide the parties’ property. If a state doesn’t have an automatic stay, a court is going to frown on any unilateral disposition of property without its permission or the consent of the other spouse.Judges ordinarily encourage and appreciate settlement of any issues that the parties are able to resolve. If a case is going to be resolved on a piecemeal basis though, the court wants to be made aware of that fact at one time or another through one means or another. Whether it involves a marital home, a vacation home or vacant land, if one of the parties to a divorce wants to sell property during the pendency of the divorce,
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