Marriage of Stallworth
Court of Appeal of California
192 Cal. App. 3d 742 (1987)
William Stallworth (plaintiff) and Carol Stallworth (defendant) had one child, Robert, who was in special education, in special reading classes, and under a psychiatrist's care. William filed for divorce in 1984, and the case went to trial in 1985. Although Carol testified she could not find comparable housing in the same school district at a similar price, no evidence was presented on the actual cost of comparable housing or on whether moving would actually harm Robert. Despite this thin record, the trial court let Carol and Robert stay in the family home until Robert turned 18, married, or was emancipated, or until Carol remarried, moved, or began living with another man, with sale and division of the home deferred until then. William appealed.
Whether a trial court is required to weigh several factors in deciding whether to defer the sale of a community-property family home pending its division between the parties.