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Tag: property division

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.

Stay-at-Home Mom Divorce Rights in California

You have devoted much of your married life to caring for your family and home. Now, as your marriage ends, you may feel uncertain about the next steps. As one of the 24% of American mothers who prefer to stay home, you’re likely facing questions like, “How should I approach divorce as a stay-at-home mom?” or “Will I qualify for child support?” This month’s blog will outline your rights and make the divorce process less daunting.

Child Custody: Maintaining Stability for Your Children

In California, courts prioritize the well-being and stability of children in custody decisions. As a stay-at-home mom, you likely have a strong bond with your children and have been their primary caregiver. California courts often favor arrangements that support the existing family dynamic, which may work to your advantage if you have been the primary caregiver.

Remember that courts also encourage shared custody when both parents are fit, so be prepared for a parenting plan that allows your children to spend time with both parents.

Alimony: Financial Support for a Fresh Start

Alimony, also known as spousal support, can be crucial for stay-at-home moms after a divorce. Since you’ve focused more on household responsibilities, your earning capacity may be limited compared to your spouse. Courts consider your standard of living when determining alimony, and in your case, you require financial support to regain independence.

However, keep in mind that alimony is not always awarded in California, so working closely with a knowledgeable family law attorney is essential.

Property Division: Protecting Your Fair Share

California is a 50/50 state, meaning marital assets and debts are typically divided equally. This rule applies to assets acquired during the marriage, including bank accounts, real estate, vehicles, and even retirement accounts. For a stay-at-home mom, it’s essential to understand your entitlement to shared property, especially if you didn’t directly contribute financially. Even if you haven’t worked outside the home, you’re still entitled to a portion of these funds.

Career Re-entry and Vocational Training Support

You can start by looking for community resources or educational programs that align with your interests. Here are some suggestions for laying the groundwork for a return to work:

Seek Professional Help

At Family Law Richard E. Young & Associates, we’re dedicated to helping you secure your future as you embark on this new chapter. Our experienced team can guide you through your options for child custody, spousal support, and property division. If you have questions or inquiries, contact us at (949) 951-9529 or visit our website at richardeyoungattorney.net.