§ 15-5-16.1.1 - Deferment of sale of home.
SECTION 15-5-16.1.1
§ 15-5-16.1.1 Deferment of sale of home.– (a) As used in this section, the following words and terms have the followingmeanings unless the context indicates another or different meaning or intent:
(1) "Custodial parent" means a party awarded physical custodyof a child.
(2) "Deferred sale of home order" means an order thattemporarily delays the sale and awards the temporary exclusive use andpossession of the family home to a custodial parent of minor children, orchildren for whom support is authorized under this chapter, whether or not thecustodial parent has sole or joint custody, in order to minimize the adverseimpact of divorce on the welfare of the children.
(3) "Resident parent" means a party who has requested or whohas already been awarded a deferred sale of home order.
(b) In any case in which one of the parties has requested adeferred sale of home order pursuant to this section, the court shall firstdetermine whether it is economically feasible to maintain the payments of anynote secured by a mortgage or other liens, property taxes, or insurance for thehome during the period the sale of the home is deferred. In making thisdetermination, the court shall consider the resident parent's income, theavailability of spousal support, child support, or both spousal and childsupport, and any other sources of funds available to make those payments. Theintent in requiring this determination is to avoid defaults on the payments ofnotes and resulting foreclosures, to avoid inadequate insurance coverage, toprevent deterioration of the condition of the family home, and to prevent anyother circumstances which would jeopardize both parents' equity in the home.After making the determination that it is economically feasible to considerordering a deferred sale of the family home, the court in exercising itsdiscretion to grant or deny a deferred sale of home order, shall considerwhether it is in the best interest of the child or children.
(c) Upon a determination pursuant to subsection (b) of thissection that a deferred sale of home order is indicated in order to minimizethe adverse impact of divorce on the child, the court may make such an order.The order shall include the duration of the order, may include the legaldescription and assessor's plat and lot number of the real property which issubject to the order, and may be recorded in the office of the registry ofdeeds of the city or town in which the real property is located.
(d) The court may make an order specifying the parties'respective responsibilities for the payment of the costs of routine maintenanceand capital improvements.
(e) Except as otherwise agreed to by the parties in writing,the following shall apply:
(1) A deferred sale of home order may be modified orterminated at any time at the discretion of the court.
(2) If the party awarded the deferred sale of home orderremarries, or if there is otherwise a change in circumstances affecting thedeterminations made pursuant to subsection (b) of this section or affecting theeconomic status of the parties or the children on which the award is based, arebuttable presumption, affecting the burden of proof, is created that furtherdeferral of the sale is no longer an equitable method of minimizing the adverseimpact of the divorce on the children.
(f) In making an order pursuant to this section, the courtshall reserve jurisdiction to determine any and all issues that arise withrespect to the deferred sale of home order including, but not limited to, themaintenance of the home and the tax consequences to each party.