This article was written by featured Family Law Attorney Michael H. Gora.

Q: My wife and I have been married for ten years. We have no children, although she has a daughter of a previous marriage. Her first husband has disappeared, and she receives no child support.

She is the office manager for an accounting office, makes about $75,000 a year; I make double that amount. Shortly after our marriage, we bought a beautiful home for about $400,000. Its value had gone up to about $700,000 but it is now again worth about $400,000.

The home has a relatively small monthly mortgage payment and a mortgage of only $200,000; it is our only significant asset. Neither of us has much in the way of non-marital assets. I would like to sell the house, split the money and move on, although will be hard to sell the house in this crazy market.

The wife argues that she has never in her life lived in such a nice house and is determined to keep the house for herself, and her daughter. While it is true that she could never find as nice a place to live for the same mortgage payment and tax payment, there is no way she could pay me for my half of the house except to make very small payments, for a very long time. If the house weren’t sold, I would have no money with which to buy another home.

What do you think a court would do if the case goes to trial? Our mediation failed because she would not give up on the house.

A: As the two of you have no children together the court will not be able to award your wife exclusive use and occupancy of the marital home, while leaving the sale and distribution of the equity until the market improves later. The two of you could agree to that kind of a deal, which might benefit you in the end.

Your wife is not a candidate for rehabilitative alimony, as she has a career. She is not a candidate for permanent alimony, because of the shortness of the marriage. Therefore she will need all of her earnings for her own support and the support of her daughter.

Under these circumstances, the wisest economic choice is for the home to be distributed to you, with you buying out her interest, or sold, unless she can demonstrate that she has the ability to buy out your interest in the home by re-financing the home.

Since she does not have any other money with which to pay you for your interest in the home, and a modest income she probably will not qualify to re-finance. If, some how, she does refinance, her monthly payment will go up, to a point she cannot afford. When dealing with issues of distribution of assets, the judge has broad discretion, but should make reasonable economic choices. The court will give little weight to the emotional attachment of either party to the marital home or other asset.

If you have the ability and desire to buy her interest in the home the judge will probably agree with you. If you do not want to buy the home, the judge will probably order it sold.

Michael H. Gora has been certified by the Board of Specialization of The Florida Bar as a specialist in family and matrimonial law, and is a partner with Shapiro Blasi Wasserman & Gora P.A. in Boca Raton. Mr. Gora may be reached by e-mail at mhgora@sbwlawfirm.com.