hand, all income and assets earned or acquired during the marriage are considered to be equally owned. This applies to all debts, no matter who created the liability. In a divorce action, these will be divided equally. In addition, there are mutual court orders that automatically protect marital properties. An automatic temporary restraining order prohibits spouses from selling, transferring, or borrowing against property when a divorce is filed. Again, any orders should be discussed with your attorney, as this protection varies by region. In family law disputes, a court can order the sale of a matrimonial home unless the party who resists the sale can establish a prima facie case that they are entitled to a competing interest in the home under the Family Law Act. Where that party cannot establish this competing interest, the home can be ordered sold. Where that party can demonstrate this competing interest, the motion to order a sale will be dismissed unless the person bringing the motion can demonstrate that the sale would not prejudice the person’s rights. When a home is sold under court order, the court can also order that the proceeds be placed in trust and not be accessible by either party until an agreement is made between the divorcing couple. The family home is typically a couple’s most valuable joint asset and must often be sold in order to equally distribute its
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