If you guys have worked it out that you will live there, then no, you can stay there–but if the court (or yourselves) have mandated the sale, then it has to go. However, I’m certain you will have to refinance the house in your name, and unless you can do that, it might be worthwhile to sell it.
The answer depends on whether the court awards you possession of the home. If you are awarded possession of the home as type of child support then you are entitled to use it until the court makes a change to that arrangement. Once that arrangment is changed then you must deal with the house pursuant to equitable distribution. Our courts lack the authority (although some make a contrary argument) to force a sale of the house. If you are awarded the home in equitable distribution you may owe a distributive award to your spouse (which may or may not be paid immediately depending on the terms of the order). Our courts lack the authority to order a refinance and generally this does not occur.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
If I’m living in the marital homes and have custody will I have to sell the house for equitable distribution and once the divorce is final will I be able to have overnight visits at that home.