Can the Rhode Island Family Court defer a sale of the marital home for the child/children?
If one of the parties requests a deferred sale of the home, then the court must determine whether or not it is economically feasible for the person who is living in the home to pay the mortgage, liens, taxes and insurance on the home until the home is sold. In making that determination the court will look at the income of the resident parent, any alimony the parent receives, child support and other source of income to make those payments. The intent of this law is to prevent foreclosures, uninsured property, and deterioration of the marital home and to protect the parents’ equity in the house. R.I.G.L. 15-5-16 After the court determines that it is “economically feasible” for the parent to remain in the house with the minor child, the court will consider whether it is in the best interests of the minor 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 mari
