Under California community property laws, each spouse is entitled to an equal share of community property as well as community debts. When a divorce case goes to a judge to decide, he or she will divide all community property in half. If the house is separate property, the owner-spouse keeps the house. If the house is community property, there are several ways to divide it, either by agreement or court order, in the divorce decree.
Many couples who are married own a house together. In the state of California, under community property rules, this house belongs to both spouses in almost all cases. If the home was purchased or purchased during the marriage, both spouses have a share in the home ownership. This is true even if only one of the spouses worked and paid for the house.
The only time a home belongs to only one spouse is if it was purchased before marriage or if it was purchased with completely separate funds and put under one name. If the house is separate property, which occurs when one of the parties owned it before marriage, the spouse who owns it has a right to it. However, this can be quite confusing, because if the house was not paid for when the two parties married, or when one of the parties contributed money to mortgage payments or filed improvements during the marriage. In a situation like this, it's best to consult with your Stockton divorce lawyer to find out if the courts will consider separate home ownership or community property.
California is a community property state. If the marital home was acquired during the marriage, both spouses own half of the household. This means that the spouses have an equal right to stay in the home during the divorce. If you or a loved one has trouble determining who stays in the house during a divorce, eliminate the clutter and contact a San Francisco divorce lawyer.
If you choose to leave your home, your spouse gets a financial benefit for staying in the house. If neither spouse is willing to voluntarily leave the family residence during the divorce, then you will need to continue to share the house together. If the court finds that a deferred sale is financially viable, the court must decide if a deferred sale is necessary to minimize the impact of divorce on children. A purchase occurs when one spouse takes full ownership of the home, and assumes mortgage payments, if any, while paying the other spouse his or her share.
The division of property in divorce occurs by agreement if you and your spouse can negotiate a divorce agreement. An experienced Irvine, CA divorce lawyer can help you with issues that arise when ending your marriage, including deciding who should move out of the family residence during the divorce. When going through a divorce in California, it's important to understand all aspects of marital property, especially the larger things like your family's home. Because of the complexity of the issues that can arise when dividing a house in a divorce, you should always consult with an attorney for advice on what is best in your situation.
If there is only one spouse's name in the title, this topic should be discussed carefully with your attorney, as it can be a gray area under California divorce law. Your spouse may be living in the house temporarily under a court ruling, but this does not prevent you from applying for the house during the divorce trial. Because both spouses have a stake in the home ownership, neither spouse can be forced to move out of the family residence during the divorce. If your spouse is not leaving and you feel uncomfortable continuing to live in the house, you can choose to leave the house.
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