Court-Ordered to SellYour Buffalo Home.

Yes. Under New York Domestic Relations Law, Erie County Supreme Court matrimonial judges can order the sale of marital real property as part of equitable distribution. If the court determines the property cannot be practically divided or awarded to one party, a forced sale order can be entered. NCB works directly with attorneys for both parties on court-ordered Buffalo property sales — private, off-market, and closes in 7 days. Call (716) 557-7005 when a sale order has been entered.

All outstanding mortgage principal, interest, and fees are paid from the sale proceeds at the Erie County title company closing. Neither party needs to bring funds to the table — the mortgage payoff comes out of the purchase price before net proceeds are distributed. If both parties are on the mortgage, both are released from liability upon closing. Joint HELOCs and second mortgages are also resolved at closing simultaneously.

No — a public MLS listing is not legally required for a divorce property sale in New York. Both parties can agree to a private off-market sale to a cash buyer like NCB. A court order requiring sale specifies that the property must be sold at fair market value — it doesn’t require a public listing. NCB’s offer represents fair market value based on condition and comparable sales in the specific Buffalo neighborhood, documented in the purchase agreement.

The distribution of proceeds is determined by the divorce settlement agreement or court order, not by NCB. The Erie County title company distributes the net proceeds per the written settlement terms. If the court order specifies a 50/50 split, the title company cuts two checks. NCB delivers the proceeds to the title company — the title company follows the court’s instructions for distribution.

In New York, a court order requiring the sale of marital property is enforceable. If one party refuses to execute closing documents, the court can appoint a referee to act in their place and execute the sale without that party’s cooperation. NCB has completed transactions where a court-appointed referee executed the deed. Consult your matrimonial attorney about enforcement options in your specific Erie County Supreme Court case.

It depends on the legal status of the property and who has authority to execute a sale. If both parties are still legally married and the property is marital property, both typically must consent to the sale until the court enters a distribution order. If a temporary order has been entered authorizing the sale, NCB can proceed with both parties’ attorneys involved. Call (716) 557-7005 with the status of your proceedings.

With NCB, 7 days from a signed purchase agreement to closing — far faster than the 60–90 day traditional listing timeline. The limiting factor is not the sale itself but the legal process. If the settlement agreement is signed and both parties have authority to execute, NCB can close in 7 days. If the court order has not yet been entered, closing waits for the court’s timeline. NCB can sign a purchase contract now and set the closing date for when legal authority is established.

Selling during the divorce process, under a settlement agreement or court order, is often faster and less complicated than waiting for finalization. Once the property is sold and proceeds distributed, that asset is removed from the ongoing legal proceedings — reducing complexity and legal fees. Selling after finalization sometimes requires re-establishing clear title authority, which can require additional court proceedings.

Yes. Open City of Buffalo OBI code violations and Erie County tax delinquency are common in divorce situations — properties not maintained during the separation period accumulate both. NCB buys with open violations. All delinquent taxes are paid at closing from proceeds through the Erie County title company. Violations are cleared after closing at NCB’s cost. Neither party is responsible for addressing violations or back taxes before the sale. See the full divorce selling guide →

For a court-ordered sale, attorneys for both parties should review the purchase contract to confirm it satisfies the court’s requirements and the settlement terms. NCB communicates directly with both attorneys to streamline the process. For free legal referral: Bar Association of Erie County (716) 852-8687. NCB does not require both parties to be represented but strongly recommends it for court-ordered situations.