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Indiana Law - The Home The court must consider, in making the property allocation, whether it is desirable for the custodial spouse to live in the home, or to receive the home outright. If the home is the primary asset, and the court does not want to order the home to be sold, the court will often order the right to live in the home to go to the custodial spouse until the last child turns age 21 (or sometimes 18). And then the home would be sold. In this case, the court must decide about payments of mortgage and taxes for the house. Typically, if possible, the spouse living in the house assumes that responsibility. If there are enough assets to award the home to the custodial spouse and have assets left over to make a fair distribution to the other spouse, the court might do that instead. Section 31-1-11.5-11(c)(3).
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