Legal Question in Family Law in Rhode Island
Division of home
The wife is living in the home with the three children and only receives child support sporadically; the husband, who is not working, phyically abused her,is a heroin addict and refused to sign a sales agreement to sell the house, now wants $30,000 in cash to settle the divorce. She does not have the money to give him and cannot afford a larger mortgage payment if she were to take out a second mortgage (which is what they are suggesting). Can the wife be forced to pay that money now or can she wait until the youngest child is 18 and pay him the money at the time she sells the house?
Thank you.
1 Answer from Attorneys
Re: Division of home
thank you fro the email. I really need more information to answer your question properly. In Rhode Island, a court probably will allow mom to live in the house with the kids until the youngest turns 18 if the court believes that mom can afford the mortgage payments. If mom can afford the mortgage payments the house will be probably ordered sold when the youngest child turns 18. ( at that time dad may get his share of the house) Please call me so that your friend can set up a free initial consultation.
David Slepkow
Slepkow Slepkow & Bettencourt Inc.
401-437-1100