Opinion
December 12, 1988
Appeal from the Supreme Court, Westchester County (Dachenhausen, J.).
Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.
Under the circumstances presented in this case, we conclude that the Supreme Court properly directed an immediate sale of the marital home and that the proceeds be divided equally between the parties. The need of the wife, as the custodial parent, to occupy the marital residence was outweighed by the financial need of the parties to sell the home (see, Domestic Relations Law § 236 [B] [5] [d] [3]; Damiano v Damiano, 94 A.D.2d 132; Hillmann v Hillmann, 109 A.D.2d 777). The yearly carrying costs, estimated by the wife at approximately $34,000, exceeded her annual income of approximately $30,000. Furthermore, although the husband earns approximately $130,000 per year, in view of his child support payments and other financial obligations and expenses, it would be unduly burdensome for him to bear the costs of maintaining this home. Moreover, the proceeds of the sale of the home can be applied to the parties' substantial debts and future living expenses (see, Parris v Parris, 136 A.D.2d 685; Blackman v Blackman, 131 A.D.2d 801; Cohen v Cohen, 104 A.D.2d 841, appeal dismissed 64 N.Y.2d 773).
We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Rubin, Sullivan and Balletta, JJ., concur.