In California, getting a divorce does not mean that you have to move and/or disturb your children’s routine. You can request a deferred sale of the family home, continue to live in your home, and keep your children enrolled at their schools.
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Deferred Sale of the Family Home
The court will take into consideration the resident parent’s income, the availability of spousal and child support, and any other sources which can be used to make payments. If the court determines that a deferred sale of the family home is economically feasible, the court may grant this to a custodial parent if the court determines that the order is necessary in order to minimize the adverse impact of dissolution of marriage or legal separation of the parties on the child.
Effect on Children
A court considers the effects that selling the family home may have on your children. In exercising its discretion to grant or deny a deferred sale of home order, the court considers the length of time your children have resided in the home, The child’s grade in school, the accessibility and convenience of the home to the child’s school, and other services or facilities used by and available to the child, including child care.
Effects on a Spouse
Other factors the court takes into consideration include:
- Whether the home has been adapted or modified to accommodate any physical disabilities of a child or a resident parent in a manner that a change in residence may adversely affect the ability of the resident parent to meet the needs of the child.
- The emotional detriment to the child associated with a change in residence.
- The extent to which the location of the home permits the resident parent to continue employment.
- The financial ability of each parent to obtain suitable housing.
- The tax consequences to the parents.
- The economic detriment to the nonresident parent in the event of a deferred sale of home order.
- Any other factors the court deems just and equitable.
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