CHAPTER 258
SB 349 - FINAL VERSION
3/16/00 3836s
4may00.....4184h
2000 SESSION
04/09
SENATE BILL 349
AN ACT relative to the sale of the marital residence in a domestic proceeding.
This bill sets forth circumstances allowing the court, in a divorce, separation, or annulment proceeding, to issue an order for temporary relief which may include the sale of the marital residence with the prior written consent of both parties. Absent this consent, the bill prohibits the sale of the marital residence prior to the final hearing provided the court deems the party residing within the marital residence to have sufficient financial resources to pay the debts or obligations generated by the property.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3/16/00 3836s
4may00.....4184h
00-2651
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to the sale of the marital residence in a domestic proceeding.
Be it Enacted by the Senate and House of Representatives in General Court convened:
258:1 New Subparagraph; Annulment, Divorce, and Separation; Temporary Relief; Sale of Real Property Added. Amend RSA 458:16, I by inserting after subparagraph (g) the following new subparagraph:
(h) Ordering the sale of the marital residence provided that both parties have previously filed a written stipulation with the clerk of the court explicitly agreeing to the sale of the property prior to the final hearing on the merits. If the parties have not so stipulated, the sale of the marital residence shall not be ordered prior to the final hearing as long as the court deems the party residing within the marital residence to have sufficient financial resources to pay the debts or obligations generated by the property, including mortgage payments, taxes, insurance, and ordinary maintenance, as those debts and obligations come due.
258:2 Effective Date. This act shall take effect January 1, 2001.
(Approved: June 12, 2000)
(Effective Date: January 1, 2001)