When couples divorce, the marital residence is often one of the most valuable assets to divide. As such, determining whether one party will retain the marital residence or whether the parties will sell the marital residence is often a gating item to financial settlement.

Historically, it has been well settled that courts could not direct the sale of a marital residence during the pendency of a divorce. However, as New York has moved to a no-fault divorce regime, courts have begun to question this approach and have instead ordered the sale of marital residences where an equitable outcome so requires.