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November 23, 2022

Presume you are the judge having to decide which spouse must leave the marital home and which spouse gets to stay in the home as part of the divorce when both want to keep the house.

Presume you are the judge having to decide which spouse must leave the marital home and which spouse gets to stay in the home as part of the divorce when both want to keep the house. What factors would you consider in awarding the homestead and do you think it would appropriate to order the home sold under some circumstances with the proceeds divided between the spouses?

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