Law...

The Home

It is not uncommon that the children want to stay in the house, but the non-custodial spouse wants to sell it.

If the house were not a special asset, the court would order the parties to sell the house and divide the proceeds.

But that would disrupt the children's lives.

And so, many states have enacted special laws that allow the children to remain in the home.

In some community property states, there are laws that empower a judge to delay the sale of the house, even if the house is the separate property of the other spouse.

In equitable distribution states, there are usually laws stating that the judge must consider the benefit to the children of remaining in the home when making his or her order.

In any case, the way this often works out is that the sale of the home is delayed until after the youngest child turns 18.

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