In previous cases, where the wife has been granted custody of the minor children, the court has held that the award of the family home to the wife is practically compelled.
Conclusion that wife and kids should be permitted to remain in the home is reasonable.
Judges and FCCs have the authority to order a spouse to vacate the home temporarily during a divorce action if the court determines, after notice and a hearing, that such an order is necessary to protect the best interests of the minor children.
Supreme Court affirms and adopts court of appeals opinion that FCC and trial court can evict a party from the homestead even if there is no violence.
No abuse of discretion in ordering wife to sell home after she finishes her education.
Trial court affirmed for awarding home to wife despite testimony by husband’s psychiatrist that living in the house would benefit husband because he enjoys gardening and household tasks. These could be done at other locations.
Where prenuptial agreement waived homestead protection, husband did not need to approve subsequent transfer of ownership. Homestead protection can be waived in a prenuptial agreement.