The family home is usually awarded to the parent with physical custody of the children and who remains in possession of the home
In divorce matters the family home is treated differently than other marital property. If one parent leaves the home, it is likely that the parent that remains with the children will be given the choice to live in the family home until the children reach the age of majority.
Divorce lawyers often advise their clients not to move out of their residence because it can constitute a waiver to claim later that the family home belongs to both spouses.
The general rule is that both parents are entitled to live in the family home unless they agree otherwise. The court orders the spouse, with most of the custodial rights, to choose whether they want to remain in the family home until the children grow up.
