Would a judge award the marital home to the wife for her and the child to live in until the child turns age 18? The marital home and wife’s retirement are the only property that would be there to divide. The wife left the marital home because the spouse wouldn’t move out.
It would depend on how long until the child turns 18. The purpose of the equitable distribution statutes is to failry divide the marital property of the parties. If there are other assets that the husband could receive to equalize the distribution of property, there should be no reason why the Wife shouldn’t be able to keep the marital residence. If not, the wife could refinance the residence, removing husband’s portion of the equity. If the child will turn 18 in the next few months, a judge may order that the house be sold and the proceeds be divided, but he or she may allow an additional few months to get the child to 18. When thinking about how property will be divided, you have to consider the equitable distribution factors, not just whether the division is equal.