Deferred Sale of Home

The Deferred Sale of Home rule allows a court to postpone the sale of the family home during divorce proceedings. This is often done to provide the custodial parent with exclusive use of the home as a form of support for the children, while also considering the financial impact on the other spouse.

During a divorce, a mother with primary custody of their two children requests to stay in the family home until the children are older. The court finds that it is economically feasible to defer the sale and grants her temporary exclusive use of the home, balancing the father's financial hardship. As a result, the mother can maintain stability for the children while the home is not sold.

Keep the home for the kids, but balance the costs for both parents.

Exams may present scenarios where students overlook the economic feasibility requirement, leading to incorrect conclusions about the court's decision. Students might also confuse this rule with general child support obligations.

Questions often involve fact patterns where one spouse seeks exclusive use of the family home, prompting analysis of the balance between child support needs and the financial impact on the other spouse.