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Florida Law - Occupancy of the Home The general rule is that the courts award the right to live in the home to the custodial parent. The courts prefer, if possible, to award the home itself to the custodial parent, if there are enough other assets to make that feasible. Cases: Dehler (1995) 648 So2d 819 (general rule is that custodial parent should get the home). Castillo (1993) 626 So2d 1035 (when the last child becomes an adult, for example at age 18, the home should be sold and the proceeds divided between the spouses, if the home is a major asset of the parties).
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