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What Happens to the Family Home in a Divorce in California?

The family home is an asset a couple acquires during their marriage. With a nationwide divorce rate of 45% (CDC), it becomes one of the central points of contention in divorce proceedings. In California, however, when discussing what happens to the family home in a divorce, it’s essential to understand that there are no set criteria that determine which spouse will receive the home. In this month’s blog, we will walk you through how California’s community property laws apply to your situation.

Does the Titleholder Automatically Get the House in a Divorce?

Determining who keeps the house in a divorce isn’t straightforward—even if only one party’s name appears on the title deed. If the house is separate property and the other spouse does not object, the spouse who owned it before the marriage keeps it after divorce. If the other spouse objects, the court may require both to agree on who gets the house or order the house to be sold.

Related: Learn more about if it is worth it to change the court orders here.

What If the Family Home Is a Community Property?

Since each spouse has an equal share of community property, the judge will split all property down the middle. Even if one spouse was the primary earner, the family home in divorce is generally treated as a shared asset. However, if you contributed separate funds or made significant improvements to the property, you might be eligible for a reimbursement claim. Keep in mind that the court might consider cohabitation agreements and examine financial contributions when determining an equitable split.

Related: Learn more about whether California recognizes cohabitation agreements here.

Options for Managing the Divorce Family Home

When facing the decision of what happens to the family home in a divorce, several practical options are typically considered:

  • Selling the Family Home After a Divorce

Selling the property is often the most straightforward way to settle disputes. The proceeds are divided according to community property guidelines, providing a clean break for both parties.

  • One Spouse Buying Out the Other

For those interested in keeping the family home in divorce, one option is for one spouse to buy out the other’s share. This involves refinancing the mortgage and ensuring the departing spouse is compensated fairly.

  • Leaving Family Home Before Divorce

An alternative some couples explore is leaving a family home before divorce. This proactive step can sometimes simplify asset division by reducing emotional attachments and easing negotiations.

Let Us Help You Come to a Sensible Agreement Regarding the Family Home

At Family Law Richard E. Young & Associates, we specialize in guiding clients through these sensitive matters. Whether you’re concerned about keeping the family home in divorce or understanding the implications of moving out, our experienced team is here to help. Visit our website or call us at (949) 951-9529 for a free initial consultation to discuss your options and protect your interests.

Protecting Business Assets in Marriage: Prenups for California Entrepreneurs

In the dynamic world of entrepreneurship, your business is not just your livelihood—it’s a product of your vision, hard work, and determination. However, marriage introduces legal and financial complexities that can impact your business. A prenuptial agreement, governed by California’s Uniform Prenuptial Agreement Act (UPAA), can provide you with a powerful tool to protect your business assets. In this blog, we explain how a prenup can safeguard your interests.

Understanding California’s UPAA

The UPAA sets specific guidelines for creating enforceable prenuptial agreements in California. A prenup must be in writing, signed by both parties, and voluntarily entered into after full disclosure of assets and debts. This legal framework ensures transparency and fairness, making it an essential tool for you as an entrepreneur seeking to protect your ventures in the event of divorce.

Preserving Business Ownership

Without a prenup, California’s community property laws might require you to divide your business assets equally with your spouse. By creating a prenuptial agreement, you can ensure your business remains your separate property, allowing you to retain full ownership and control regardless of your marital status.

Protecting Future Growth and Income

A prenup can also define how your future business growth or income will be treated. By deciding in advance whether these will remain separate or be shared, you can avoid disputes and safeguard your company’s financial future.

Clarifying Spousal Roles

For couples where one of you is involved in the business, a prenup can outline your roles and compensation. This clarity helps minimize misunderstandings and ensures a healthy work-life balance.

Conclusion and Call-to-Action

Safeguarding your business with a prenuptial agreement is prudent for California entrepreneurs. By working with a qualified family law attorney, you can craft a customized prenup that aligns with your goals and ensures your business remains secure. At Family Law Richard E. Young & Associates, we specialize in crafting customized prenups to protect your assets. Visit richardeyoungattorney.net to schedule a consultation and secure your business legacy today!

Can My Ex Leave the State With Our Child?

A common custody question is whether one parent can take the children out of state without returning. If a custody order exists, the custodial parent usually needs permission from the court or the other parent. But without an order, can a parent legally leave the state with a child? In this month’s blog, we explore when such moves are allowed or restricted.

Custody Agreements and Parenting Plans

When a divorce involves children, the court establishes a custody agreement that both parents must follow. This agreement outlines who has legal custody (the right to make decisions for the child) and physical custody (where the child primarily lives).

If your child custody hasn’t ended yet, then your ex cannot simply decide to move to another state or take the child on an extended trip out of state without discussing it with you.

Related: Learn more about when child support ends in California here.

Move-Away Cases: Permanent Relocations

A “move-away case” occurs when a parent wants to make a permanent move out of state. If one parent has sole custody, they may have more freedom to move. However, in cases of joint custody, the moving parent must either get the other parent’s consent or obtain a court order.

If both parents are open to a move but need to adjust their parenting plan, a new agreement can be created. For example, a different visitation schedule might allow the non-moving parent more extended time with the child during vacations or school breaks.

The Risks and Penalties of Leaving Without Permission

If a parent leaves the state with a child without obtaining the necessary permissions, they could face legal consequences. For instance, taking a child out of state in violation of a custody order may be considered parental kidnapping in California. This can be a serious charge that comes with severe penalties, including jail time or hefty fines.

Steps to Take if You Suspect a Violation of Custody Terms

If you believe your ex may be planning to leave the state with your child without permission, there are steps you can take to protect your custody rights.

  • Document the Custody Agreement: Have copies of the official custody order readily available, showing the specific terms regarding travel and relocation.
  • File a Motion if Necessary: If your ex won’t communicate or is actively planning to leave against the agreement, file a motion with the court to prevent the unauthorized relocation.
  • Know the Warning Signs: If your ex suddenly starts packing belongings or gives notice of a job transfer far away, consider discussing these changes with your attorney to ensure your rights are safeguarded.

Consult With Us

At Family Law Richard E. Young & Associates, we’re here to help you protect your rights and your family’s best interests. Contact us at (949) 951-9529 for guidance on custody agreements, parental rights, and what steps to take if you’re concerned about relocation issues. Let us stand by your side to ensure your rights – and your child’s – are safeguarded.

Does California Recognize Cohabitation Agreements?

More young couples are opting to live together without getting married. Many choose to skip the traditional marriage ceremony for personal reasons and instead sign cohabitation agreements. California is at the forefront with its progressive stance on this trend. In this month’s blog, we’ll explore the ins and outs of cohabitation agreements in California, discussing their recognition and what you need to know if you’re living with your partner.

What is a Cohabitation Agreement?

A cohabitation agreement is a contract between two people in a romantic relationship living together but aren’t married. It outlines the rights and responsibilities of each partner, covering everything from property division to financial support. Think of it as a prenuptial agreement, but for those who aren’t walking down the aisle.

Are Cohabitation Agreements Recognized in California?

The short answer is yes but with some caveats. California does recognize cohabitation agreements, but they aren’t as straightforward as marriage-related agreements. The courts won’t handle a child custody case as they would in a divorce case for a married couple. In essence, these agreements are treated like any other contract, as long as they are clear and consensual. 

Related: Learn more about the rights and responsibilities of unmarried parents in California here.

Cohabitation Agreements vs. Common Law Marriage

The Golden State doesn’t recognize common-law marriage, but some rights are now afforded to “cohabiting couples” of any gender, who live together. Previously, entering a domestic partnership required the partners to be over 18 years old. However, these restrictions were lifted, allowing any individual, even under 18, to legally enter into a domestic partnership if they meet the requirements.

This means living together for a certain period doesn’t give you the same rights as a married couple. This is where a cohabitation agreement can come in handy. It offers a way to protect yourself and your assets without the legal bonds of marriage.

Related: Learn more about types and implications in California here.

Why Bother with a Cohabitation Agreement?

You might wonder why you’d need a cohabitation agreement if you’re not tying the knot. Here’s the deal: living together can create financial entanglements and potential disputes if the relationship goes south. A cohabitation agreement can help smooth things over by clearly defining expectations and responsibilities. It can address:

  • Property Rights: Who owns what and how property will be divided if you split up.
  • Financial Responsibilities: How bills and expenses will be shared.

Related: Learn more about defining unfit parenting and the power of documentation here.

Protect Yourself During Cohabitation with Family Law Richard E. Young & Associates

Since there are not many laws in California protecting cohabiting couples, it is advised to take your future into your own hands. We will create a legally enforceable cohabitation agreement with your partner. Visit our website richardeyoungattorney.net or contact us at (949) 951-9529 to learn more about how we can assist you.

Understanding Domestic Violence: Types and Implications in California

Domestic violence is a pervasive issue that affects many men and women across the world. According to CDPH, one in five women and one in seven men have reported facing domestic violence. However, it is defined as a pattern of abusive behavior, and it takes various forms. In this month’s blog, we will take a closer look at this important topic, its legal implications, and the resources available for victims.

Defining Domestic Violence in California

While it often goes unreported, it is important to understand what domestic violence is, as well as why you may need to act. California law defines domestic violence as any form of abuse committed between individuals who have a close relationship, such as spouses or former spouses, cohabitants, individuals in a dating relationship, or parents and their children. This includes threatening to use force against him or her or any physical force that requires a restraining order.

Related: Learn more about restraining orders in California here.

Domestic Violence Penalties in California

In California, penalties for domestic violence typically vary between misdemeanor and felony charges, making them what’s known as “wobbler” offenses. The decision on whether to classify the crime as a misdemeanor or felony is based on factors such as the individual’s prior criminal record and the extent of the victim’s injuries.

Types of Domestic Violence in California:

1. Physical Abuse:

This includes hitting, punching, kicking, slapping, choking, or any form of physical harm inflicted on the victim. Bruises, broken bones, and other injuries are common outcomes of physical abuse.

2. Emotional or Psychological Abuse:

This type of abuse is often less visible but equally damaging. It includes verbal threats, insults, humiliation, manipulation, and isolation from friends and family.

3. Sexual Abuse:

Sexual abuse involves forced or coerced sexual acts, including rape, unwanted touching, and sexual degradation. These are also all harassment, and you have the right to get a restraining order to avoid any arguments.

Related: Learn more about how to deal with ex-spouse harassment here.

4. Financial Abuse:

Financial abuse occurs when the abuser controls the victim’s finances, restricts access to money, or sabotages their employment or financial stability. This can leave victims financially dependent and unable to leave the abusive relationship.

5. Digital Abuse:

With the rise of technology, digital abuse has become increasingly common. Examples of digital abuse includes: revenge porn, sexually harassing a partner online, controlling a partner’s social media accounts, requiring that a partner keep their phone with them at all time to respond to calls and texts, and using technology to monitor the other person’s actions both on and offline.

Conclusion

If you or someone you know is experiencing domestic abuse, you don’t have to face it alone. Family Law Richard E. Young & Associates is here to provide compassionate support and expert legal guidance through this challenging time. Our experienced team understands the complexities of domestic abuse cases and is committed to advocating fiercely for your rights and safety. We offer a safe and confidential environment where you can discuss your situation without judgment. Don’t wait any longer to seek help – contact us today at (949) 951-9529 to schedule a consultation and take the first step towards reclaiming your life.


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