Detailed answer — what the court can and cannot do, and your practical options

Hypothetical facts to illustrate: Spouse A asks the family court in a divorce case to sell the former marital home and split the net proceeds. Spouse B receives the motion but the motion does not say whether one spouse can buy out the other, how the property will be valued, who pays the mortgage until sale, or how sale costs will be handled.

What the court generally has the power to do

• The court can order sale of real property and direct how net proceeds will be distributed as part of equitable distribution in a divorce or as part of resolving co-owner disputes. In divorce cases, the equitable distribution framework applies (see N.J. statutes on equitable distribution, commonly cited as N.J.S.A. 2A:34-23 et seq.; general information is available from the New Jersey Courts: NJ Courts — Equitable Distribution).
• If the property is jointly owned outside of divorce (for example, by unrelated co-owners), New Jersey courts may handle a partition or sale request and can set sale terms or appoint someone (a master or referee) to oversee a sale.

If the motion asks only for sale without buyout terms, your main options are:

1. Ask the court to set buyout terms or valuation method: File a written response or cross-motion asking the judge to (a) set a fair market value method (for example an independent appraisal or the average of two appraisals), (b) set a buyout deadline and price formula, and (c) require accounting for mortgage, taxes, insurance, repairs, and credits for contributions. Courts commonly accept motions that ask the court to decide valuation and distribution mechanics rather than ordering a blind sale.
2. Propose a specific buyout plan to the court and opposing side: Offer a clear, concrete buyout proposal — e.g., “I will pay X (based on an appraisal) within 45 days, take over the mortgage, and be credited for X repairs.” Judges prefer concrete proposals. Put the proposal in a formal submission or settlement offer so the judge can adopt it if reasonable.
3. Ask for a postponement and an appraisal or valuation: Move the court for a temporary stay of the sale until the parties obtain appraisals and exchange financial information. A judge can order one or more appraisals and let valuation guide buyout numbers or sale reserves.
4. Seek mediation or settlement conference: Ask the court to require mediation focused on valuation, buyout terms, and how carrying costs will be split until sale. New Jersey courts encourage settlement and often have resources or referrals for family-mediation services (NJ Courts — Family Self-Help).
5. Request temporary orders about occupancy and payments: Ask the judge to decide who lives in the house, who pays the mortgage and utilities until sale, and whether occupying spouse pays fair rental value (occupancy rent). These interim orders prevent one party from imposing ongoing costs on the other while the case proceeds.
6. File a counter-motion for exclusive buyout rights or first refusal: If you have the ability to buy the other party out, ask the court to give you a specified period to refinance or otherwise fund the buyout before the house is listed. Judges will consider whether a buyout is feasible (proof of financing or preapproval helps).
7. Oppose an immediate forced sale if it’s unfair: If the proposed sale will cause undue harm (for example an undervalued quick sale or inability to refinance), file opposition showing why the court should delay or set conditions protecting your interests (reserve price, minimum bids, marketing period, real estate commission limits).
8. Consider a partition action (if parties are non-spouses co-owners): For co-owners who are not resolving the issue in a family/ divorce setting, you may bring or oppose a partition action in the Superior Court (Equity division), where the court can order sale or divide property. Partition rules differ from divorce equitable distribution, so confirm the right procedural track with counsel.

How courts typically handle proceeds and buyouts

When a sale occurs, the court will direct payoff of mortgage and liens, payment of sale costs (commissions, attorney fees if ordered), and then distribute net equity according to the court’s equitable distribution decision or the parties’ agreement. If the court sets a buyout, it will often:

• Require an appraisal date and method for fair market value
• Set the buyout formula (for example, buyer pays fair market value less the other owner’s share of mortgage debt and credits for contributions)
• Give a fixed period to secure financing or close the buyout
• Set protections if a party cannot finance (e.g., a long escrow, or ordered sale with a reserve price)

Practical documents and evidence to prepare

• Recent mortgage statements, property tax bills, homeowners insurance, HOA fees.
• Proof of who paid the mortgage, taxes, insurance, and major repairs (bank records, cancelled checks, receipts).
• Any prior appraisals, broker price opinions, or recent sale comparables for the neighborhood.
• Proof of financing ability if you ask for a buyout period (preapproval letter, bank statements).

Timing and courtroom practice notes

Do not ignore a motion or proposed order to sell. Missing deadlines can let the other party move forward with a sale. File a timely written response, request oral argument if needed, and be prepared with a counterproposal or request for appraisal. Judges often prefer that parties present a short plan addressing valuation, who pays carrying costs, and a timeline for either buyout or marketing the property.

Where to find New Jersey law or court guidance

Equitable distribution in divorce is governed by New Jersey law (commonly referred to as N.J.S.A. 2A:34-23 et seq.). For practical self-help information and court procedures, use the New Jersey Courts’ family law resources: NJ Courts — Equitable Distribution. For statute searches or text, visit the New Jersey Legislature: New Jersey Legislature.

Helpful hints

• Get legal advice quickly. A local New Jersey family or real estate attorney can review the motion and help draft a timely response or cross-motion.
• Collect financial documents now. The better your documentation of payments and improvements, the stronger your position on credits or buyout numbers.
• Obtain at least one independent appraisal or a broker’s written market analysis before a hearing. Objective valuation carries weight with judges.
• Consider mediation. Judges often order or encourage mediation; a short session can produce a buyout formula and avoid sale costs.
• If you want to buy the property, show the court you can close (financing proof or cash on hand). Courts are more likely to allow a buyout if it is realistic.
• Ask for specific court orders about who pays mortgage/taxes/insurance until sale. Without that, you may face surprise bills or credit damage.
• Watch for tax and mortgage consequences: transferring title or selling triggers tax and refinancing issues — get financial advice as needed.
• File any required paperwork and appear at hearings. Procedural default can limit your options.