Most divorce cases being determined at this time have issues that are settled long before ever stepping foot in the courtroom. In fact, the vast majority of cases are settled without the need for a trial as parents and divorcing couples come to realize that settling out of court avoids not only hefty legal fees, but also a tremendous amount of stress, anxiety and shared trauma.
These cases are also marked by the determination of each party to resolve their difference amicably, and in particular, those things which relate to the welfare of their children.
The marital domicile is the major investment that most couples will make in their lifetime. Owing to this fact, the court does not take the separation of it lightly. If the party who wishes to reside in the home with the children, is financially able to do so, and the situation will continue to be in the best interest of the children, the court will often allow the parties to defer selling the house.
However, the party remaining in the home will have to agree to sign a mortgage for the equity in the home, or that they will buy out the other spouse when it becomes financially feasible to do so. The court will ensure this process is undertaken strictly, by appraising the value and equity of the home. If a couple disagrees with the value that the court assigns, they may always hire their own appraiser.
Additionally, if there is a substantial change in the circumstances of either spouse, but in particular the spouse who remains in the house, the court will re-evaluate and redetermine whether deferring the sale of the property is still a good solution for all involved. If it is determined that the remaining spouse is now either able to buy out the vacating party, or buy another home, the court may order the marital domicile sold.
The only way to be sure that you are forming a fair agreement, is to seek the counsel of a qualified domestic relations and divorce attorney in RI.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
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