When a divorce case goes to a judge to decide, he or she will divide all community property in half. The judge shall assign 50% of the joint property to one spouse and 50% to the other. 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.
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 spouses have an equal right to stay in the home during the divorce. You need to know two key concepts when figuring out who gets the house in a California divorce.
They are “community property” and “separate property”. You and your spouse can agree to a purchase. 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. Usually, that means that the buying spouse needs to refinance so that the other spouse doesn't have the new mortgage.
The estate and debt part of a divorce can be complicated, especially if you have something of high value or a lot of debts. There are always tax implications when it comes to buying a home during a divorce, which your lawyer will also discuss with you. If that's something you're interested in learning more about, talk to your divorce lawyer so they can guide you. If a home is considered “community property” in a California divorce, a couple has a few options for how to divide it.
Who keeps the house can be one of the most contentious parts of a divorce in California, and for very good reason. If the home qualifies as separate property, then the spouse who is considered the sole owner will receive it in the division of property. Divorce lawyers will carefully analyze any transaction in which one party gives interest in an asset to the other during the marriage to determine if their client was at a disadvantage. If you or a loved one is having trouble determining who stays in the house during a divorce, eliminate the clutter and contact a San Francisco divorce lawyer.
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. We'll help you with all aspects of your divorce, from child custody and support to alimony and property division. The Sacramento divorce lawyers at Hughes Law Group can help you, making sure you have an experienced legal advocate on your side at every stage of the divorce process. When going through a divorce in California, it's important to understand all aspects of marital property, especially the larger things like your family home.
