Can the Court allow me to stay in the home while my children are in school or minor aged?

Introduction:

Divorce can be a complex and emotionally charged process, particularly when it comes to dividing assets, such as the family home. In California, the court has the authority to defer the sale of the home, taking into consideration various factors to ensure a fair and just resolution, especially when children are involved. This article explores the intricacies of deferred sale orders, the criteria considered by the court, and the impact on both parties involved in the divorce.

1. Statutory Authority for Deferred Sale:

California courts have the general authority to award a single asset, like the family home, to a spouse when economic circumstances warrant it for a substantially equal division of the community estate. Specifically, the court is empowered by statute to defer the sale of the home and award temporary use to a custodial parent, recognizing the potential impact of the divorce on the children involved.

1. Economic Feasibility Determination:

When a party requests a deferred sale of the home, the court must assess the economic feasibility of maintaining payments on the mortgage, property taxes, insurance, and the home's condition comparable to that at the time of the trial. This evaluation takes into account the income of the resident parent, the availability of child or spousal support, and any other financial resources available.

1. Factors Considered by the Court:

In determining whether a deferred sale order is necessary to minimize the adverse impact of the divorce on the child, the court considers a range of factors, including:

• The length of time the child has resided in the home.

• The child's school placement or grade.

• The accessibility and convenience of the home to the child's school and other services.

• Adaptations made to the home for physical disabilities.

• Emotional impact on the child with a change in residence.

• The resident parent's ability to continue employment based on the home's location.

• Financial ability of each parent to obtain suitable housing.

• Tax consequences to the parents.

• Economic detriment to the nonresident parent in the event of a deferred sale.

1. Court's Discretion in Granting or Denying Deferred Sale:

The court exercises discretion in deciding whether to grant or deny a deferred sale order based on the factors mentioned. This ensures that the decision aligns with the best interests of the child and is just and equitable for both parties involved.

Conclusion:

The deferred sale of the family home in California divorces is a nuanced legal process designed to balance the financial and emotional well-being of the parties, particularly when children are involved. The court's careful consideration of economic feasibility and the numerous factors affecting the child's life and well-being helps create a fair and just resolution in what can be a challenging time for all parties. Seeking legal guidance is crucial to navigate this process effectively and ensure a favorable outcome for everyone involved.

*This article does not constitute legal advice nor does it form an attorney-client relationship. It is important that you consult with an attorney about your case.