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The Court Might Let You Stay In The Marital Home Only Until The Youngest Child Turns Eighteen


The parents of young children say that the days are short but the years are long.  One day with a preschooler involves more noise, tantrums, unanswerable questions, snack requests, wardrobe changes, heart-melting cuddles, and cleaning of messes than you ever thought possible before you had kids, but the days when the same child that bounced off the walls all day today was a tiny baby that went through ten diapers per day, wore adorable, soft pajamas with built-in booties, and only slept for twenty-minute intervals seem like they were a lifetime ago.  Therefore, if you get divorced when your children are young and the terms of your divorce state that you can stay in the marital home until your youngest child turns 18, you might not make plans for what you will do when that happens, because it seems like it is so far in the future.  If you are a divorced parent of teens and want to stay in the house that the divorce court told you that you could only keep as long as your children were minors, contact a Boca Raton property division lawyer.

Ex-Husband Tries to Force Sale of Former Marital Home After Youngest Child Turns 30

Hardat and Kemkumare divorced in 1999, when their youngest child was 11 years old.  One of the provisions of their marital settlement agreement (MSA) stated that Kemkumare could remain in the marital home as long as the children were minors, but when the youngest child turned 18, she must sell the house and divide the proceeds with Hardat.  The MSA presumably specified the percentage of the proceeds that each party could get for the sale as well as how the parties would divide the responsibility for mortgage payments while the children were minors, but the appeals court’s decision does not specify what the MSA said about these matters.

The youngest child turned 18 in 2006, and Kemkumare continued to live in the former marital home as an empty nester.  In 2018, the year that the youngest child turned 18, Hardat went back to court to try to get the court to order Kemkumare to sell the former marital home and divide the proceeds with Hardat.  The court denied his motion, since it was time-barred; more than a decade had gone by between the date listed in the MSA for sale of the house and when Hardat made any moves toward selling it.  The appeals court agreed that, if Hardat objected to Kemkumare staying in the marital home past the youngest child’s 18th birthday, the time to say something about it was when the youngest child was in college, not more than a decade later.

Contact Schwartz | White About Enforcing Provisions of Your MSA

A South Florida divorce lawyer can help you if your MSA put of some decisions until years in the future, but now it is time to act on them.  Contact Schwartz | White in Boca Raton, Florida about your case.



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