The Inns Of Court
Can the Rhode Island Family Court defer the sale of the family home for the child or children in a divorce case?
If a party requests delayed a sale of the house in one of Rhode Island (RI) divorce, the court must determine whether or not economically viable for the person living in the house to pay mortgages, liens, taxes and insurance on the home until the home is sold. In reaching this decision the Court will be on revenue from non-resident parent, any parent receives alimony, child support and the other source of income to make such payments. The intent of this law is to prevent foreclosures, for uninsured property, and deterioration of the family home following a divorce and parents to protect the equity in the house. RIGLOS 15-5-16
After divorce court determines that it is "economically viable" for the father to stay in the house with the minor child, the court will consider whether it is in the best interest the child or children to live in the house. The court will use its discretion in making this determination.
In most cases where there are children and the custodial parent can afford the marital home, the court may exercise its discretion and allow children to stay home for a period time, which can be up to the child reaches age 18 and graduates from high school.
In the event that the court postponed the sale of the house in a divorce, Rhode Island Family Court will usually determine the equity in the house. The court shall determine the equitable distribution of the person who leaves the marital home. In many cases, if the parties can not agree with the fair market value of the property then the parties will have to hire real estate appraisers. The court will hear the testimony of expert witnesses and determine the fair market value of housing. In some cases, the parties agree to use the same real estate appraiser. Note that in the great most cases, these issues are resolved in court before any trial or hearing.
After the period of deferment of the house must be sold and the father is out of the house will pay its fair share at that time. The court usually asks for a mortgage to protect the person who owes you money for their fair share. The court may also award interest on the mortgage. If the court orders a deferred sale of the house, may be modified or terminated at the discretion of the court. If the game of life at home with children remarries or there is a substantial change of circumstances in the economic situation of the person living at home, property can be ordered sold.
In many cases when the custodial parent can afford an increase in mortgage payments, the parties will settle with the custodial parent financing and purchase of the noncustodial parents equitable share of the equity in the house. In that refinancing, the custodial parent does not receive cash and generally made by his interest in the house to the custodial parent.
David Slepkow is a Rhode Island attorney / lawyer concentrating in divorce, family law, personal injury, automobile accidents, child support, child custody and visitation. David Slepkow has been practicing for ten years and is a member of the Rhode Island Family Court Inns Of Court. Please go to http://www.slepkowlaw.com for more information or to contact David Slepkow. Also please goto, Rhode Island Child Support and Family law attorney Please call Rhode Island divorce Attorney, David Slepkow at 401-437-1100 with any questions! The first consult is always free. Established firm since 1932!
Fleet Street – entrance to The City, Inns of Court
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