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

Answers:

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.


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