In re Marriage of Duke

In In re Marriage of Duke (1980) 101 Cal.App.3d 152, the court held that the family court abused its discretion by not weighing the equities when it rejected the custodial parent's request to defer the sale of the family residence until the children were no longer minors. In reaching its holding, the Duke court stated, "we feel the subjective noneconomic impact on the family unit from being deprived of a home environment to which the children have become accustomed is sufficiently significant to allow the court to enter a conditional order such as requested so long as undue hardship is not imposed on the noncustodial parent." (Id. at p. 157.) The Duke court further stated that, "Where there are minor children whose custody is to be awarded to a party, the custodial party is not financially able to acquire the family home as his or her property share, and that person desires a conditional order be made allowing him or her exclusive use of the home, the unique relationship of that asset to the family requires an analysis of all relevant factors . . . ." (Id. at p. 158.)