There’s only one small problem here. The court will likely force a sale of the family home so that each spouse can take their equity share (if any) in their settlement.
One spouse MAY be able to retain the house if they are able to refinance and pay the other spouse their equity share, give the other spouse equivalent personally-owned real or personal property in kind OR if the other spouse agrees that they can live in it temporarily while their children attend a particular school. This last situation is fraught with problems and issues, however, as BOTH spouses names are likely on the trust deed(s) and note(s) and tax bill. Even if one spouse is ordered to pay certain bills related to the house, it doesn’t mean they will or they will on time and that the other spouse’s credit won’t be affected after divorce. Even if the spouse ordered to pay certain bills continues to pay them on time, the other spouse will have that debt on their credit report and thus may not be able to move on with their lives (get another RE loan/auto loan, etc).
Unfortunately, sdr will not be able to have a say in whether it will be “mom” or “dad” who continues living in the house for a period of months/years until their agreement/court order forces it to be sold :=[
