Barbara Chapin v. Gary R. Chapin

[184 A.D.2d 1082 Page 1082] Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:
Supreme Court did not err in directing that the marital residence be sold immediately and that 60% of the net proceeds be
paid to plaintiff and 40% be paid to defendant. In deciding whether to award exclusive use and possession of the marital residence
to the custodial parent during the child's minority or to direct its immediate sale, the court properly weighed the need for
the custodial parent to remain in it against the financial situation of the parties (see, Stolow v Stolow, 149 A.D.2d 683,
685; Blackman v Blackman, 131 A.D.2d 801, 803-804). Here, given the parties' financial situation, including the fact that
the marital residence constitutes the parties' major marital asset, the immediate sale was justified.