Where a party has majority time-sharing they may be entitled to exclusive use and possession of the marital home until the youngest child is emancipated.
In Lowry v. Lowry, the 5th District Court of Appeals for the State of Florida held that the trial court had abused its discretion by granting former husband’s request to partition and sell the marital home instead of awarding the former wife exclusive use and possession of it because the former wife had majority time-sharing with children.
The Court stated that unless there were special circumstances a trial court should award the primary residential parent exclusive use and possession of the marital residence until the youngest child reaches majority or is emancipated, or the primary residential parent remarries.