I want to move back into the house temporarily

Is it possible to ask that I move back into the marital home long enough to allow my oldest daughter to finish her elementary years at the same school?

I left the home to establish the separation as he refused to do so. My oldest will be in 5th grade next year and I want her to finish elementary at the same school. I’m fine with the house being sold but I would like to move back into it long enough for her to finish the 5th grade year (20-21 school year) and allow my kids the use of the bus stop, which is right in front of the house. I moved out of district and maintaining it is a hardship. He is unwilling to do this an an agreement between us, so I’m wondering what are the odds that a judge would agree to it. I believe I am capable of managing the household expenses. Thanks!

It’s possible that in a final equitable distribution settlement, the house is distributed to you and you are entitled to regain possession of it by a certain date. There is no guarantee this will happen and will depend on the distribution and value of the remaining marital estate.

You may want to consider a mediation session with a certified family financial mediator to negotiate the issue of equitable distribution (marital property division) and any other issues you need to resolve in order to reach a full and final divorce settlement. Mediation tends to be very successful and is a much cheaper and less time consuming alternative to litigation.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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