The deferred sale of the Marital Home was an important factor when Jim and Candace decided to end their marriage in Rhode Island. Candace wanted to remain in the house with their two minor children to preserve stability and continuity for them during an already difficult time. Rhode Island law provides a legal mechanism for this situation known as a deferred sale of the marital home.
The Law Behind Deferred Sale of the Marital Home
Under R.I. General Laws § 15-5-16.1.1, the Rhode Island Family Court has the authority to order a deferred sale of the marital home. This means that the spouse who is awarded physical custody of the children may be granted temporary exclusive use and possession of the marital home, with the sale of the property postponed to a later date.
This type of order is designed to promote the stability and welfare of the minor children, allowing them to remain in a familiar environment—often close to school, friends, and support networks—while the family adjusts to post-divorce life.
The First Step: Financial Feasibility
The law requires that before considering whether a deferred sale of the marital home is in the best interests of the children, the court must first determine whether it is financially feasible. This is a critical threshold issue.
The legislature and the courts recognize that maintaining two separate households after divorce costs significantly more than living together. If it is not financially realistic for Jim andsd Candace to both sustain the marital home and live separately, the inquiry stops there—the court will not order a deferred sale.
In other words, if Jim’s income and Candace’s financial situation together cannot reasonably cover the mortgage, taxes, insurance, utilities, and upkeep on the marital home and allow them each to live apart, the court will not approve the arrangement.
The Second Step: Best Interests of the Children
If the Family Court determines that maintaining the home is financially possible, it moves to the second level of inquiry—whether a deferred sale is in the best interests of the minor children.
At this stage, the court examines the broader effects of the arrangement. Even if feasible, keeping Candace and the children in the home might impose heavy financial burdens on Jim, the parent living elsewhere. Those burdens could limit his ability to pay child support, contribute to medical or extracurricular expenses, or even spend quality time with the children due to increased work demands.
The court balances all these considerations. A deferred sale will not be ordered automatically just because it seems to offer the children stability. The Family Court must determine that it truly promotes their welfare in both the short and long term.
Financial Fairness vs. Child Welfare
Importantly, the law prioritizes the welfare of the children—not the financial convenience of the parents. The delayed financial benefit or hardship to Jim—such as waiting years to access his share of the home’s equity—is not a controlling factor unless it directly affects the children’s best interests.
In short, Rhode Island’s approach seeks to ensure that when a deferred sale of the marital home is ordered, it is not only emotionally stabilizing for the children but also financially sustainable and practically beneficial for everyone involved. An experienced Rhode Island divorce lawyer can advise you as to whether or not child placement and a proposed deferred sale is a viable option in your case based on all the circumstances.
Conclusion on the Deferred Sale of the Marital Home
For Jim and Candace, the Family Court will look carefully at their finances and their children’s needs before granting Candace’s request to stay in the marital home. The law strives to strike a balance—preserving stability for the children while ensuring both parents can live separate, financially viable lives.
A deferred sale of the marital home can be a compassionate solution, but only when it serves the children’s best interests and is financially realistic for both parties.
This article is for informational purposes and is not legal advice. To obtain legal advice about your rights, options and alternatives in your particular set of circumstances, contact us at (401) 632-6976 to set up an affordable legal advice session.
