Going through a divorce can be a difficult process of change. To go from married to unmarried means making major transitions not only to your legal state of partnership but also to many other aspects of your life, including where you live. If you own a home with your spouse, this transition can be especially difficult. It can be an emotional process to decide who gets to remain in the family home during a divorce, especially if you and your spouse have children who are attached not merely to your home, but also to schools, neighbors, and friends who live nearby.
The question of who will get the house in a divorce will depend on you and your spouse’s specific circumstances. Some couples may decide to sell their house entirely and divide the proceeds, others may need to negotiate another arrangement. If there are children involved, a court may decide that it is in the best interest of the children for one parent to stay in the home to help ensure the children’s stability.
No matter what the outcome, it is important for both parties to have representation from an experienced attorney who can ensure their rights are being protected. This will help ensure that any agreements or decisions reached during the divorce are fair and favorable for all involved.
Determining If the House is Community Property or Separate Property
An important factor in deciding who gets the house in a divorce is whether it is considered community property or separate property. Generally, assets acquired during the marriage are classified as community property and any pre-existing assets owned by one spouse prior to the marriage are considered separate property.
In California, if the marital home was purchased during the marriage with funds from both spouses, then it will typically be classified as community property. This means that each spouse owns an equal share of equity in the home and must split any proceeds when they decide to sell it.
Options for Divorcing Couples with a Home
Divorcing couples with a home have a few options they can explore when deciding who gets to keep the house. When contemplating these options, it is important to consider factors such as financial resources, child custody arrangements, and overall stability for any children involved in the divorce.
Here are some of the options that may be available:
- Buyout: It may be possible for one spouse to purchase the other spouse’s share of equity in the home so that only one person takes ownership over it after the split. This buyout could be in the form of cash or other assets.
- Sale: If neither party can afford a buyout or if they cannot agree on who should remain in the house, then selling the marital home and splitting its proceeds may be a more favorable option.
- Deferred Sale: In this case, both spouses retain ownership of the home until a specific event occurs (such as when the youngest child turns 18) and it is then sold so that proceeds of the house can be split between the spouses.
Considering all available options and consulting with an experienced attorney is essential when making decisions regarding who gets to keep the house during a divorce settlement. An experienced family law attorney will be knowledgeable about how California property laws can affect your situation and will work hard to ensure that any agreements made are fair and beneficial for all parties involved.
Ultimately, no two divorces are alike, so there is no one-size-fits-all solution when deciding who gets keeps the house in a divorce settlement. It is important to take into account all relevant factors before determining which path will be best suited to you and your loved ones.
How an Experienced Divorce Attorney Can Help
Having the right legal representation when making decisions about who gets the house in a divorce can be a vital step to ensuring that your property rights and interests are protected during any settlement negotiations. At Burch Shepard Family Law Group, our experienced divorce attorneys will help protect your rights and interests throughout the entire process.
If you are going through a divorce and would like to be speak with a knowledgeable divorce attorney, contact Burch Shepard Family Law Group online or call us at (949) 565-4158 to schedule a consultation so that we can review your case in detail.
