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. 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 the spouses have an equal right to stay in the home during the divorce.
The decision to stay at home during the divorce may have implications for your temporary spousal support payments. 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. One spouse uses the money they earned before they got married as a down payment on a house. The down payment for this new home is separate property.
Married couple use money they earn to make mortgage payments. This means that payments are made using community goods. The principal (value) resulting from the mortgage loan repayment is community property. The capital of the house is now part of the community and part of 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. If both agree to the sale of the house, then it is divided according to the state laws of the division of property.
If you are seeking a divorce during a national emergency but are worried about leaving your home or being expelled, you have rights. If you bought your home before marriage and didn't add your spouse to the title, then you may have a stronger legal argument for staying in the house. 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. Eventually you'll need both, but first, you want to review some divorce lawyers and form an attorney-client relationship with one.
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. If that's something you're interested in learning more about, talk to your divorce lawyer so they can guide you. A divorcing couple probably won't go out of their way to be kind to each other, so it's rare for a spouse to stay in the house when they're not in the title. The estate and debt part of a divorce can be complicated, especially if you have something of high value or a lot of debts.
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. No matter what you decide to do with your home, it's essential to have clear language in a legal document that explains it. The option to sell your home may depend on your city's housing market, but it can be a good option in most cities. A divorce lawyer with experience in family law can help you get a temporary order to keep you safe in your home until the divorce agreement is decided.
During a divorce, title ownership is not the end of community property or analysis of separate property. If you have questions or concerns about staying in your marital home during your divorce, contact Moradi Saslaw. .
