In New York State, Judges can force the sale of the marital residence. Or, any property that is deemed to be marital. It is a common misconception among litigants in a divorce case in New York that a Judge will never force the sale of the marital residence…
When young children live in the house, it is common to allow the custodial parent to live in the residence. That is until the children reach eighteen. However, if you can prove that the custodial parent cannot afford to live in the residence; or if you can prove that there is comparable housing in the same neighborhood. A judge may order the sale of the residence.
When one party has a separate property claim to the residence, Judges generally will require the other party to move out of the house. That is at the conclusion of the divorce.