How Do Courts Award The Family Residence?

Where minor children are involved, the custodial parent is normally allowed to live in the residence with the children for a specified period of time after the divorce is finalized. During that period of time, the spouse who lives in the home is usually required to make all mortgage, property tax and homeowner insurance payments when due. The house must be sold when: there are no children living at the property, the youngest child attains the age of majority, or at any date agreed upon by the parties or specified by the court.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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