Can the Court Order the Sale of Your Marital Home During a Divorce in New York? Understanding the Unusual Decision in FR v. AR (2025)
In a recent groundbreaking matrimonial decision in FR v. AR (2025 NY Slip Op 50549(U)), Judge Dane of the Supreme Court of Nassau County made a remarkable ruling: he permitted the sale of a marital home during a pending divorce. This decision is particularly significant, as traditionally, New York courts have been hesitant to authorize the sale of marital homes before a divorce judgment, unless both spouses agree.
Here, we'll explore why this decision was made, what makes it so unique, and how it may impact your divorce proceedings in New York.
Background of the Case: Why Did the Court Allow the Sale?
The central issue in FR v. AR revolved around the financial distress surrounding the marital residence, which was titled solely in the husband's name. Historically, under the landmark case Kahn v. Kahn (1977), New York courts could not order the sale of a marital home owned jointly as tenants by the entirety unless the marital status was legally altered through divorce, annulment, or separation.
But what if the home isn't jointly owned? The Court in FR v. AR had to decide if it could distinguish this case from Kahn since the property was solely titled in the husband's name. Ultimately, the Court determined it could—and ordered the immediate sale of the home. This decision broke new ground by clarifying that courts possess the authority to act to preserve marital assets during the divorce process, especially in cases of financial misconduct or risk of foreclosure.
Key Factors Influencing the Court’s Decision:
Several critical considerations led the Court to its unprecedented decision to permit the home’s immediate sale:
1. Single Ownership (Sole Title)
Unlike typical scenarios where spouses hold joint title (tenancy by the entirety), in this case, the marital residence was solely titled to the husband. This single ownership was key, allowing the Court to distinguish this case from the Kahn precedent and opening the door for judicial intervention to protect marital equity.
2. Risk of Financial Waste and Foreclosure
The husband stopped paying the mortgage shortly after initiating divorce proceedings, despite earning approximately $166,000 per year. This deliberate non-payment placed the home in imminent danger of foreclosure. The Court found this financial misconduct unacceptable and ruled that immediate sale was necessary to preserve the significant equity ($288,000) in the home.
3. Equitable Distribution and Preservation of Marital Assets
New York’s Domestic Relations Law (DRL § 236B) mandates that marital property must be preserved to ensure a fair distribution at the end of a divorce. The Court emphasized its duty to prevent wasteful dissipation of assets—particularly when a spouse's deliberate actions endanger the equity of marital property. Here, the Court held that preserving the equity by selling the property immediately was far preferable to allowing foreclosure to erode its value.
4. Economic Partnership and Its Termination
Drawing from New York Court of Appeals decisions (Kaplan v. Kaplan, Mesholam v. Mesholam), the Court underscored that a marriage is an economic partnership, considered dissolved once divorce proceedings begin. As a result, courts have the authority—and even responsibility—to preserve marital assets during the divorce, including ordering the pendente lite (during litigation) sale of a marital home when necessary.
What Does This Mean for Divorcing Couples in New York?
This decision clearly signals to spouses that New York courts are increasingly willing to protect marital assets—even if it means ordering the sale of property before finalizing the divorce, particularly in cases of financial misconduct or impending foreclosure. The ruling demonstrates that:
Courts may step in if there’s clear evidence of wasteful financial behavior.
Sole title ownership can significantly affect the court’s authority to act during a divorce.
Immediate sale of the marital residence can now be seen as an essential tool to prevent asset dissipation.
Why This Case Matters for Your Divorce
If you're facing a divorce and are concerned about preserving or managing your marital home, this decision highlights the importance of having a carefully strategized plan. It also illustrates that immediate action can be taken by the courts if one spouse attempts to financially harm the other through deliberate non-payment of mortgages or other financial obligations.
Takeaways for Protecting Your Interests:
Act Quickly: If financial misconduct occurs, don't delay in seeking court intervention.
Document Everything: Maintain thorough records of payments, communications, and attempts to mitigate financial loss.
Understand Asset Ownership: Be aware of how assets are titled and the implications this has in divorce proceedings.
Protect Your Rights: Speak with an Experienced Matrimonial Attorney
Understanding asset preservation and division during divorce proceedings is complex, particularly given this new and evolving legal landscape. Our experienced matrimonial attorneys at Mindin & Mindin, P.C. are experts at protecting your financial interests and can guide you through every step of the process.
📞 Don’t leave your financial future to chance. Contact us at 888-501-3292 or CLICK HERE to schedule a confidential consultation.