Legal Question in Real Estate Law in New York

Re: Is it a Law that the custodial parent gets to keep the house?

In most states, custodial parents have no greater rights than non-custodial, with respect to the marital home. This is either the subject of settlement of property rights, or a decision by the judge. In some instances, if the parties cannot agree, and depending upon the ages of the children, relocation areas (same community, so schools can be retained), the Court may allow the custodial parent to remain for a reasonable period of time. However, this also must consider the economics property division, etc. It is not axiomatic that the custodial parent gets to stay in the house with the children. You may be able to stay, with some contribution from your "x", but also having to contribute yourself. If the economics do not allow for you to remain, the house can be directed to be sold, with the proceeds usually being split 50/50, but the proceeds could be split differently depending upon questions of alimony, child support and similar questions that the divorce will decide.