Divorce: Court Ordered Sale of Marital Home

Even in this tough economy, divorce courts in Missouri continue to have the authority to order the sale of the marital home in a proceeding for dissolution of marriage.  In a recent opinion, the Court of Appeals, Western District of Missouri, held that a trial court has the authority to order the sale of the marital home in connection with a divorce so long as the judgment contains some limitation on the time the house can be marketed and contains provisions for selling the home if the parties fail to cooperate in the sale. The judgment must impose a deadline for when the house will be sold. The opinion also suggested that the trial court include provisions for the parties to follow to sell the home, even if the sale must occur below market value. See Kelly v. Kelly, WD72238 (Mo.App.W.D., May 10, 2011).