385a

(a) The spouse to whom custody is granted as a result of a divorce of the minor children of the married couple, or the physically or mentally disabled children, whether of legal age or minors or who are dependents as students until the age of twenty-five (25), shall have the right to claim the dwelling which constituted the home of the married couple and which is held as community property claim as a homestead, during the minority of the children, during their studies or because of the disability of the children who remained in his/her custody due to a divorce.The community property which constitutes the homestead shall not be subject to partition while any of the conditions by virtue of which the former was granted exists. Provided, That the right to a homestead may be claimed from the moment it is needed, and may be claimed in the divorce suit, during the process thereof, or after the same has been decreed. Once claimed, the judge shall determine what, in fairness, is proper according to the special circumstances of each situation.The spouse who claims the right to a homestead may retain all those goods regularly used in the home.When the right to a homestead is claimed after

ding to the special circumstances of each situation.The spouse who claims the right to a homestead may retain all those goods regularly used in the home.When the right to a homestead is claimed after the divorce has been decreed, the same may be granted by the Court that heard the divorce case. History —Civil Code, 1930, added as § 109-A on Dec. 26, 1997, No. 184, § 1.