§ 15-5-16.1.1. Deferment of sale of home.
(a) As used in this section, the following words and terms have the following meanings
unless the context indicates another or different meaning or intent:
(1) "Custodial parent� means a party awarded physical custody of a child.
(2) "Deferred sale of home order� means an order that temporarily delays the sale and
awards the temporary exclusive use and possession of the family home to a custodial
parent of minor children, or children for whom support is authorized under this chapter,
whether or not the custodial parent has sole or joint custody, in order to minimize
the adverse impact of divorce on the welfare of the children.
(3) "Resident parent� means a party who has requested or who has already been awarded
a deferred sale of home order.
(b) In any case in which one of the parties has requested a deferred sale of home order
pursuant to this section, the court shall first determine whether it is economically
feasible to maintain the payments of any note secured by a mortgage or other liens,
property taxes, or insurance for the home during the period the sale of the home is
deferred. In making this determination, the court shall consider the resident parent's
income, the availability of spousal support, child support, or both spousal and child
support, and any other sources of funds available to make those payments. The intent
in requiring this determination is to avoid defaults on the payments of notes and
resulting foreclosures, to avoid inadequate insurance coverage, to prevent deterioration
of the condition of the family home, and to prevent any other circumstances which
would jeopardize both parents' equity in the home. After making the determination
that it is economically feasible to consider ordering a deferred sale of the family
home, the court in exercising its discretion to grant or deny a deferred sale of home
order, shall consider whether it is in the best interest of the child or children.
(c) Upon a determination pursuant to subsection (b) of this section that a deferred sale
of home order is indicated in order to minimize the 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 legal description and assessor's plat and lot number of the
real property which is subject to the order, and may be recorded in the office of
the registry of deeds 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 maintenance and 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 or terminated at any time at the discretion
of the court.
(2) If the party awarded the deferred sale of home order remarries, or if there is otherwise
a change in circumstances affecting the determinations made pursuant to subsection
(b) of this section or affecting the economic status of the parties or the children
on which the award is based, a rebuttable presumption, affecting the burden of proof,
is created that further deferral of the sale is no longer an equitable method of minimizing
the adverse impact of the divorce on the children.
(f) In making an order pursuant to this section, the court shall reserve jurisdiction
to determine any and all issues that arise with respect to the deferred sale of home
order including, but not limited to, the maintenance of the home and the tax consequences
to each party.