The courts seek to achieve the least disruptive results for minor children involved in divorce. Often the children attend the marital residence’s zoned school. An important aspect in the decision may be to try and keep the children in the residence so they stay in their current school and school zone. If the children have moved frequently throughout the years, the court may also be inclined to award a parent the house to maintain stability in the children’s lives, which may or may not be the custodial parent. The courts will ultimately look to see if a parent is able to financially afford the upkeep of the residence including paying the mortgage, property insurance, property taxes, HOA fees, CDD’s and regular repairs, and maintenance costs. Although the court desires to maintain the children’s stability, it may ultimately be infeasible because a parent is unable to financially afford to remain in the home.
Does the custodial parent get to stay in the house?
