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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | January 31, 2013 12:44 PM |
|---|---|
| From: | Representative John P. Sabatina, Jr. |
| To: | All House members |
| Subject: | Co-sponsorship: Legislation Regarding Division of Property in Divorce Proceedings |
| In the near future, I intend to re-introduce legislation which would amend Title 23 (Domestic Relations), to allow credit for expenses related to use and occupancy of property, prior to proceeds of the sale of property are divided equally between the husband and the wife. Under current law, after paying the expenses related to the sale and satisfying any judgments held in the form of liens, the proceeds of the sale are to be divided equally. The statute does not have provisions for adjustments related to instances where one spouse remains in the marital home and pays all expenses. As such, my legislation would amend Title 23 to permit credit to be given for expenses related to use and occupancy of property, prior to the proceeds of a sale being divided equally between the husband and the wife. Essentially, prior to proceeds being divided equally, the expenses related to the sale must be paid, liens must be paid, and both the husband and the wife must be given credit for monies received or expenses incurred related to the property, e.g. real estate taxes, mortgage payments, insurance premiums, etc. |
Introduced as HB878