Can I delay the sale of the marital home until our youngest child is 21?

I am trying to respond to a complaint from my ex husband who wants to stop paying support and force the sale of the marital home because my daughter is 19. She is not working, has chronic medical issues and dependant on me for financial support. It would be a huge financial burden to have to move into an apartment and support her on my own. The rent would cause a 50% increase in my living expenses alone.

Asked on April 20, 2017 under Family Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can certainly raise this in court (both in your answer to the complaint, as well as in person on a hearing or trial date) as an equitable ("fairness-based," which the courts can take into account) reason to delay the sale, but there is no inherent right to delay for this reason; it will be up to the discretion of the court. All you can do is raise the issue in the most sympathetic way possible, and see what the court does with it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.