Must a house be sold if the children have been living in the home?

“Must a house be sold if the husband and wife bought the house together during the marriage and the minor child or children have been living in the home upon a divorce being granted?”

Under Florida divorce law, the court is to consider the desirability of retaining the marital home as a residence for a dependent child of the marriage: when it would be equitable to do so and in the best interest of the child; and when it is financially feasible for the parties to maintain the residence until the child is emancipated.

Alan Jay Braverman is a divorce lawyer and has been a member of the Florida Bar since 1973. He is Florida Board Certified in the area of Marital and Family Law.