Deferred Home Sales
Factors Judges Consider Before a Deferred Sale of Home Order Is IssuedAccording to the law, the court has to take into consideration several parameters when considering deferred sales. For instance, the court will have to determine if it’s economically feasible for you or the other party to maintain your mortgage payments during the deferment period. As a result, the court will look at your income and how much child support or spousal support you’ll receive if you plan to stay in the house. Other factors that the court will look at include how long your children have resided in the house, as well as what your children’s grade levels are. Also, how detrimental would it be for your children to have to relocate? The judge’s goal in examining these factors is to issue a deferred sale of home order only if this will help to minimize your divorce’s impact on your children. Frequently Asked Questions About Deferred Home Sales What Exactly Happens If a Court Issues a Deferred Sale of Home Order? If a court decides to issue a deferred sale of home order during a divorce proceeding, this means two things for the parties involved:
- First, it means that a temporary delay is required before an attempt at selling a house after a divorce agreement is made.
- Second, it means that the exclusive possession and use of the house will belong to the custodial parent—the parent who is receiving child support.
- Will cover the cost of any necessary routine maintenance?
- Who will be responsible for paying for any necessary major maintenance?
- Which process will you use if you determine that an improvement needs to be made to the house?
- What are your rights and your ex-spouse’s rights regarding the usage of the home and entry into the home?
- What will you do if you want to sell the house later but your ex-spouse does not want to, or vice versa?
- How will you handle the home selling process?
- How will you split the proceeds of your home sale when you do decide to sell?
- If you have any disputes related to your home, how will you resolve them?
Get Help with the Deferred Home Sale Process Today!
Navigating the deferred home sale process can understandably be overwhelming during the divorce process. That’s where I come in. Get in touch with me today so that I can help you get through the process with confidence.
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