Articles Posted in Marital home

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Incredible as it sounds, the Massachusetts legislature is considering such a bill. The proposal should not be considered in a vacuum however, as it applies only in specific situations, when minor children are involved.

The proposal was designed to promote and protect the best interests of the minor children, whose parents are in the midst of a divorce.

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Robert LeClair, a local Massachusetts lawmaker proposed the bill, after going through a bitter divorce himself. The specifics of the bill would be to prohibit the parent in possession of the marital home, from engaging in any type of sexual relationship with a new partner during the parties separation, and prior to the divorce proceedings concluding.

The bill would would have to be passed by the state legislature, and then approved by the governor.

The language of the bill reads as follows:

“In divorce, separation, or 209A( restraining order)proceedings involving children and a marital home, the party remaining in the home shall not conduct a dating or sexual relationship within the home until a divorce is final and all financial and custody issues are resolved, unless the express permission is granted by the courts,”

The law, if passed, would raise some interesting questions about obtaining the necessary evidence to prove a violation of the law. Since children are generally not allowed to testify in court, absentee spouses will need to become quite creative in order to prove their case. This bill will most certainly keep the private detectives in Massachusetts quite busy.


Source:
The Huffington Post, “Massachusetts Bill Could Ban Sex During Marriage“, Emily Thomas, March 24, 2014

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I know that divorce can be a very scary time in your life. I know that you have many questions to which you do not have answers. I am a very capable and experienced divorce attorney, and I can guide you through the divorce process and give you the answers you will need. I know I can make you feel at ease throughout the divorce process.

The question frequently arises as to whether or not one person or the other person can continue to reside in the marital home after divorce. The answer to that question is resolved by the specific circumstances and facts that are applicable in your particular situation.

If the home was acquired during the marriage, and there are no minor children, then generally one person or the other can buy out the other person’s interest. In that manner, you could become the sole owner of the home.

If you are unable to immediately acquire the other spouse’s interest in the home, an option may be to enter into an agreement for temporary occupancy of the home for a set number of years. This might give you the time you need to get your life organized after a divorce, and arrange for financing to buy out your ex-spouse’s interest in the home.

The situation is a little bit different if you have minor children. Generally speaking the courts will allow the primary caregiver to continue to reside in the marital home with the minor children, until the youngest of the children attains the age of 18. At that point in time, the house is usually sold and the proceeds divided equally.

Reading a blog can only give you a limited amount of information regarding this issue. It is always best to meet with a lawyer face-to-face and to discuss the specifics of your situation. Not only are you getting the information you need regarding your particular issue, your also have the opportunity to meet the lawyer who is going to be representing you. You should feel comfortable with your lawyer, feel that you can trust your lawyer, and that he will be responsive to you throughout the process.

I would encourage you to call my office, and to schedule a free consultation. My free consultations are in my office and I do not limit you to a telephone consultation. My offices are located in Boca Raton and Fort Lauderdale, Florida.

You can reach me at any time during normal business hours at 954-229-1660. After normal business hours, feel free to call me at 954-295-9222.

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A person claiming entitlement to any credits or set offs fom the marital home must provide for these items in their marital settlement agreement.

1387294_rural_yellow_villa.jpgIf there is no agreement, and this issue is to be resolved by the court, the court will consider the factors in Florida Statute 61.077.

Among those factors are the following:

Whether exclusive use and possession of the home is being awarded
Whether or not alimony is being awarded
Whether child support is being awarded
The value of the use and occupancy to the person in possession
The value of the loss of use and occupancy to the person not in possession
Which party will be able to claim the deductions associated with the property, such as
Taxes, interest, etc
Capital gains taxes
Any other factor necessary to do equity
Many of these items can be overlooked when you are involved in the mediation process, and considering the disposition of the marital home. Don’t overlook the importance of having a competent, well qualified attorney to represent your interests in your divorce case. There are many issues that an inexperienced litigant can easily overlook.