Family Court: Dividing Property
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§5.03 Factors Considered in Ordering Deferred Sale

You're primarily determining whether a deferred sale is necessary to minimize the adverse impact of dissolution or legal separation on the child. [FC §3802(a).] Factors to consider in exercising your discretion include all of the following [FC §3802(b)]:

  • The length of time the child has resided in the home;
  • The child's placement or grade in school;
  • The accessibility and convenience of the home to the child's school and other services or facilities used by and available to the child, including child care;
  • Whether the home has been adapted or modified to accommodate any physical disabilities of a child or a resident parent in a manner that a change in residence may adversely affect the ability of the resident parent to meet the needs of the child;
  • The emotional detriment to the child associated with a change in residence;
  • The extent to which the location of the home permits the resident parent to continue employment;
  • The financial ability of each parent to obtain suitable housing;
  • The tax consequences to the parents;
  • The economic detriment to the nonresident parent of a deferred sale of home order; and
  • Any other factors you deem just and equitable.
Example
   

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