Rhode Island Divorce and Real Estate: Living Together during the Divorce- Nightmare or Necessity?
Issues concerning the marital domicile and real estate are often the biggest issues that divorcing couples must resolve. The issues of real estate and divorce are often intertwined with complex issues concerning child custody, child support, marital division of assets, marital debt and other issues related to a divorce. This article only applies to Rhode Island Divorce. This article discusses, in depth, issues concerning temporary occupancy of the marital real estate while the divorce is proceeding.
Issues concerning the marital domicile and real estate are often the biggest issues that divorcing couples must resolve. The issues of real estate and divorce are often intertwined with complex issues concerning child custody, child support, marital division of assets, marital debt and other issues related to a divorce. This article only applies to Rhode Island Divorce.
This RI Law Article was authored by RI Divorce Attorney David Slepkow (401-437-1100)
1.) Real Estate and temporary use and possession of the marital domicile during the pendency of the divorce.
While a divorce is proceeding in court, there are several potential scenarios concerning the disposition of the real estate: (Please consult a lawyer / attorney concerning your legal options)
Please contact a Rhode Island Divorce Lawyer / Attorney about your RI Divorce case.
In many instances, husband and wife live together while the divorce is pending. In some cases, husband and wife live together out of financial necessity because the parties cannot afford to live separately. Other divorcing couples live together because they believe it is in the best interest of the child /children. Some people live together because both husband and wife refuse to leave the marital domicile.
If the parties are not civil towards each other there is constant arguing or there is domestic violence / abuse it may become unworkable for the parties to continue living together. If either party is abusing drugs, alcohol or gambling then cohabitating during the divorce process may be unworkable. Either party has the right to file a motion for temporary orders asking for exclusive use and possession of the marital domicile while the divorce is pending.
Rhode Island Child Custody Law Articles
If husband or wife voluntarily leaves the marital hime and the other party is residing on the premises then the parties have two options:
2.) Husband or wife files a motion for the court to determine who pays for the house. The person who vacated the house may be ordered to contribute towards the mortgage taxes, insurance and upkeep etc., if any.
C.) One spouse vacates the marital real estate, while the other spouse resides in the marital real estate with a child or children.
The parent who has temporary physical placement (physical custody) of the child/children will have the right to receive child support as well as the potential to obtain contribution to the mortgage taxes, insurance, and upkeep for marital domicile.
If the parties cannot agree, the court will determine the correct child support amount using the Rhode Island Child Support Guidelines. The cost of daycare and medical expenses is factored into the Rhode Island (RI) child support guidelines. The court may also order that the spouse who vacated the property contribute to the mortgage, taxes and insurance for the marital domicile.
The primary goal of a Rhode Island (RI) Family Court Judge is to preserve the marital assets until either a complete settlement is reached or the divorce can be decided after a full trial on the merits.
Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:
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ABOUT THE AUTHOR
David Slepkow is a Rhode Island Divorce Attorney concentrating in Divorce, Family law, Child Custody, Child Support, Personal Injury, Auto accidents and Criminal law. He is a partner at Slepkow Slepkow & Associates, Inc in East Providence RI. He is a member of the Rhode Island Bar, Massachusetts Bar and the Federal Bar for the First Circuit, District of Rhode Island. You can contact David Slepkow by calling 401-437-1100
David Slepkow has been practicing since 1997. Free Initial consultations.