How Child Custody Affects the Marital Home in Massachusetts

Even though property division and child support may seem like two totally unrelated things in a Massachusetts divorce, they can be related in many different ways. Whoever gains primary custody of the children may have certain advantages, and this is another reason why you might want to take your custody battle seriously. Of course, the child’s best interests are always the top priority for any Massachusetts judge, and in some cases, it may be in their best interest for property to be handled in a certain manner.

If you are dealing with property division and child custody as you go through a divorce in Massachusetts, get in touch with our qualified, experienced family law attorneys as soon as possible. We can make sure that your rights are protected, especially if your divorce is proving to be highly contentious.

The Primary Custodian Often Gets the Family Home
If you gain primary physical custody of your child, it is likely that you will retain ownership of the family home. This is because judges in  Massachusetts often want to make this period as easy as possible for children. Moving out of the family home can cause additional trauma for them, and their home may be nearby many helpful sources of support, such as a familiar park, their school, or a best friend.

A common scenario is for the “dependent” spouse to retain the family home, receiving child support payments from the other spouse while acting as the primary guardian. This is because the dependent spouse likely spent more time with the children while acting as a “stay-at-home” parent. Spending more time with the child likely strengthened the relationship, making it more likely for a judge to grant them primary custody. In addition, the dependent spouse may not have the necessary funds to purchase a new home, adding to the likelihood that they will be allowed to continue living in the marital home.

The Court Can Order the Delay of a House Sale
In some cases, the court can order that the sale of a family home be delayed until after children have graduated or turned 18. Even though one spouse may receive sole ownership of the family home, the principles of equitable distribution may make this arrangement unfair. Especially in the case of a dependent spouse, they may have no other assets to “trade” in exchange for ownership of the family home. In this case, they may be forced to sell the marital home and split the proceeds with their ex. However, this can be delayed until after the children are ready to live on their own.

Enlist the Help of a Qualified Attorney Today
If you have been searching the Massachusetts area for a qualified, experienced divorce attorney, look no further than the Law Offices of Johnson, Sclafani & Moriarty. We have considerable experience with a wide range of divorce issues, including child support and property division. One aspect of divorce can create a “domino effect,” affecting other areas. With a highly strategic approach to this situation, you can walk away from your divorce feeling confident. Book your consultation today. 413-732-8356