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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.

Is Alimony Always Awarded in a California Divorce?

When it comes to spousal support or alimony, the question of whether it is always awarded in a divorce or not frequently comes up. In California, the answer isn’t as straightforward as one might hope. It’s not a given that alimony will be awarded in every case. Instead, it’s a decision made based on several factors and circumstances unique to each marriage. In this month’s blog, we will walk you through how alimony works in California.

Alimony concept. An envelope with cash on a table.

The Basics of Alimony in California

Alimony is intended to provide financial support to a spouse who may need it following a divorce. The idea is to ensure that both parties can maintain a standard of living reasonably close to what they enjoyed during the marriage. However, alimony isn’t automatically granted; it’s subject to judicial discretion and evaluation of multiple factors.

When considering spousal support, California courts look at the length of the marriage, the earning capacity, and the needs of each party. They also use phrases like “reasonable period of time” and “reasonable” to determine how long a supported spouse might need to be supported. 

Related: Learn more about alimony and child support here.

Temporary vs. Permanent Alimony

In California, there are different types of alimony that can be awarded: temporary and permanent. Temporary alimony, often referred to as “alimony pendente lite (APL),” is support awarded during the divorce process to help the lower-earning spouse maintain financial stability until the divorce is finalized. This type of support aims to keep things as stable as possible during a tumultuous time.

Permanent alimony, on the other hand, is awarded as part of the final divorce decree. However, the term “permanent” can be misleading because it doesn’t necessarily mean lifetime support. Instead, it can last for a specified period, particularly in marriages of shorter duration. For longer marriages, there’s a greater likelihood that support will be awarded for an extended period, but even then, it’s subject to modification.

Alimony sign on a black piece of paper and money.

Modifying or Terminating Alimony

Circumstances can change, and with them, so can alimony arrangements. In California, either party can request a modification of alimony if there’s a significant change in circumstances. This could include a change in income, employment status, or even the financial needs of the recipient. Additionally, factors such as the remarriage of the recipient or the death of either party can influence the division of retirement accounts and the termination of related alimony payments in a California divorce.

Related: Learn more about how the division of retirement accounts works in a California divorce here.

Conclusion

This process can be stressful and confusing, but Family Law Richard E. Young & Associates is here to help. We help you whether you are the paying party or the receiving party. Our lawyers represent clients in Lake Forest, CA, and other communities throughout Orange County. Call us at (949) 951-9529 or visit our website at richardeyoungattorney.net to schedule a consultation.

Can a Child Choose Custody?

Many parents who have undergone a divorce have listened to their children expressing their desire to reside with the non-custodial parent. Though this is usually said in the heat of the moment, one question that frequently arises in such cases is: can a child have a say in deciding custody arrangements, and if yes, when? In this month’s blog, we talk about when a child can choose custody, exploring the relevant legal frameworks and shedding light on the associated intricacies.

Who Decides Child Custody?

Parents are used to making decisions regarding what is best for their children. However, if an agreement on child custody cannot be reached by the parents prior to appearing in court or during mediation, the ultimate determination of child custody is entirely at the discretion of the judge handling their case. Therefore, the judge will decide who won the custody battle.

Related: learn more about tips that help you to win a custody battle here.

When Can a Child Have a Say?

According to Family Code 3042, the judge does not view it as harmful for a child that passes 14 to express their custody preference. But this doesn’t mean that the child’s custodial preferences decide where they live and with whom. It’s important to understand that the judge doesn’t have to follow the child’s preference as they make the decision based on what’s in the best interest of the child.  

What if You Disagree with Your Child’s Preference?

You want what’s best for your child, but hearing that your child prefers to live with the other parent can be a heartbreaking moment. At the end of the day, custody is granted based on what the judge decides, but as your child age, circumstances may mean that these arrangements need to be altered. 

Get The Best California Family Law Representation!

If you’re a parent going through a divorce and you have a custody battle to win, call on Family Law Richard E. Young & Associates. We have extensive experience in family law, and we’ll help you obtain the best possible custody outcome for your case. Call Family Law Richard E. Young & Associates now at (949) 951-9529 to discuss your case.

How to Deal With an Ex-Spouse Harassment

The relationship between ex-spouses is tricky and often hard to manage. While some are ready to move on from past relationships, others are so mired in anger and other negative feelings that they can’t let go, especially during a divorce. The law knows this and offers some ways of legally dealing with harassment if your ex-partner keeps harassing or intimidating you. The following are some ways to help you deal with this.

What is Harassment?

Harassment is any unwanted behavior that can cause physical and mental damage. Harassment comes in many forms, from verbal abuse to stalking to physical abuse. These are all harassment as per Californian harassment laws. If you are a victim of harassment, contact the police or your domestic violence attorney to decide what actions you may be able to take.

Should You Retaliate?

The first step in dealing with a harassing ex-spouse is to always take the high road and never get back at them. This will just make things worse, and you might even share culpability with them if the problem reaches the court. Instead, document the harassment and get a restraining order to avoid any arguments or discussions that could escalate the situation.

Related: Learn more about the benefits of getting a restraining order here.

Empower Yourself with Options

If your ex-spouse’s harassment continues and the restraining order doesn’t do the trick, go for other options. As additional protection, inform some trusted friends about the situation and seek legal assistance if your ex-partner is still trying to bait you into an interaction. Legal action can provide you with legal protection from further harassment and ensure that your ex-spouse faces legal consequences for their behavior.

Related: learn more about how and when to file a complaint for domestic violence here.

Reach Out To Local Support and Resources

Dealing with a harassing ex-spouse is indeed a troubling time, but it doesn’t mean it’s impossible to remain emotionally safe. You can reach out to a support group for people who are going through a divorce, as they can offer you practical advice and emotional support. Many local resources can be found here.

Rely on Family Law Richard E. Young & Associates

Family Law Richard E. Young & Associates has a history of helping clients protect themselves through harassment cases. We are well-versed in domestic violence laws and will get your rights back by any means. Contact our law firm today at (949) 951-9529 or visit our website for more information.

Divorcing with Pets

Couples have been mercilessly fighting over pets in courts for decades. In recent years, California lawmakers have made some major changes to how animals are shared and divided between divorcing couples. While following along below, keep in mind that the California laws that have been passed are not obligatory, meaning judges still have the authority to call these cases as they see fit.

The Best Interest

At the start of 2019 California legal experts had to begin adjusting the way they handled pets and divorce in court due to a newly passed law. In late 2018 NBC reported on the new law saying, “The measure provides judges with the power to consider what’s in the best interests of the animal in divorce cases, instead of treating them the way they’ve been treated by courts in the past — as physical property.”

This means judges should consider what’s in the best interests of the animal, very similarly to how child custody cases are resolved in court. It’s up to judicial discretion to create a shared custody agreement by taking into consideration factors like who walks, feeds and plays with the pet when deciding who the animal should live with and when.

Service Animals and Emotional Support Animals

As of present emotional support animals don’t qualify as service animals in the legal system and are not protected under the Americans with Disabilities Act. Also, under the ADA only dogs can legally be considered service animals, with a rare exception only for miniature horses. 

In a California divorce case service animals will go on to continue living with the individual that the animal was initially placed with for medical reasons. However, since ‘emotional support’ animals are not typically recognized as legitimate by the courts, each individual judge will have to establish custody agreements based on their personal discretion which can vary case to case. 

Final Thoughts

If you or someone you know is going through divorce with pets call on the local pros of Orange County Family Law Richard E. Young & Associates for help. We are the easiest law firm to work with in the county and have an A+ rating among our local community. Our team specializes in divorce and family law including custody, trusts, visitation, domestic violence, bankruptcy and much more!

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