The courts try to always act in the best interest of the children, and one way this is almost always done is by awarding exclusive use and possession of the marital home to the  primary residential custodian.  In other words, the custodial parent is awarded the marital home as long as there are minor children of the parties.  Generally speaking, when the non-custodial parent no longer is required to pay child support, the marital home is sold, and the proceeds are split 50/50.  The non-custodial parent keeps his ownership interest in the marital property until such time, but he cannot enter the premises or otherwise disturb the primary’s “quiet enjoyment.”

Can the custodial parent be awarded exclusive use and possession of the home if it was purchased by the non-custodial parent prior to the marriage and the custodial parent was never placed on the deed?  Yes!  However, the non-custodial parent must be given credit toward child support.