Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide

Yes, it is possible to stay in the family home until your children are older, but it depends on your custody agreement, financial situation, and the divorce settlement. Here’s how it typically works:

Nesting Agreements (Deferred Sale Order)

A nesting agreement allows one parent (often the primary caregiver) to stay in the home with the children until a specific event occurs:
- The children graduate from high school.
- A certain number of years pass.
- A financial milestone is reached (e.g., mortgage is paid off).
This agreement is designed to provide stability for the children and minimize disruption during a difficult time.
Both parents may still contribute to the mortgage, taxes, and maintenance costs, either equally or based on income.

Negotiating Through Mediation or Settlement

You and your ex can negotiate an agreement that allows you to stay in the home temporarily.
This can be written into your divorce settlement and approved by a judge.
It’s important to clearly outline:
- Who pays for what? Mortgage, utilities, maintenance, and property taxes.
- How long you can stay? Set a clear end date or event.
- What happens when it’s time to sell? How proceeds will be split.

Court-Ordered Arrangements

In some cases, a judge may order that the primary custodial parent stays in the home for the sake of the children’s stability.
This is more common if:
- The children are young.
- Moving would disrupt their school or community life.
- There are special needs or health concerns that require stability.

Financial Considerations

Before deciding to stay in the family home, consider:

Can you afford it alone? Mortgage, taxes, utilities, and upkeep add up.
Will your ex contribute? If so, for how long?
What happens if financial situations change? It’s good to have this outlined in writing.
Refinancing may be required if your ex wants their name off the mortgage.

Possible Challenges

If you cannot afford the home alone, you may need:
- Spousal support (alimony) or child support to help with costs.
- To refinance the mortgage to remove your ex’s name if you intend to stay long-term.
- To agree to sell the home after a set time and split the equity.

Example Scenario:

You and your ex agree that you will stay in the family home until your youngest child finishes high school. You will pay the mortgage, but he will cover the property taxes. After your child graduates, you both agree to sell the house and split the proceeds. This agreement is included in your divorce settlement and becomes legally binding.