Family Court: Dividing Property
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§5.05 Modification or Termination

You have the discretion to modify or terminate an order for a deferred sale of home at any time. [FC §3807.]

A rebuttable presumption affecting the burden of proof that further deferral is no longer an equitable method of minimizing the adverse impact of the dissolution or legal separation on the children is created if [FC §3808]:

  • The party awarded the deferred sale order remarries; or
  • There is otherwise a change in circumstances affecting the determinations made under FC §3801 or §3802  [see §§5.025.03] or affecting the economic status of the parties or the children on which the award is based.

The right to modify or terminate an order, or creation of the presumption, may be overcome by the parties' written agreement. [FC §§3807, 3808.]

   

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