Understanding Property Division in California Divorce Cases
For many married couples, purchasing a home together is a significant milestone. It’s where memories are made, children are raised, and lives are built. However, if divorce becomes a reality, what happens to the family home is often one of the most pressing concerns. Will one spouse keep the house? Will it have to be sold? These are critical questions that need to be addressed during property division negotiations or in court proceedings.
Is the Home Considered Community Property?
California’s Community Property Laws
California is a community property state, meaning that any property acquired during the marriage—including your home—is generally considered joint property belonging to both spouses, regardless of whose name is on the title.
If one spouse purchased the home before the marriage, but the other spouse helped with mortgage payments, renovations, or upkeep, the home may have both separate and community property interests. The court may need to determine the percentage of ownership before deciding how to divide the property fairly.
What Are Your Options for the Family Home?
Because a house cannot be physically divided, divorcing spouses must agree on a resolution, or the court will decide for them. The most common options include:
1. Selling the Home and Splitting the Proceeds
If neither spouse wants or can afford to keep the home, the easiest option is to sell it. The proceeds from the sale are divided equally or according to an agreement between the spouses. Selling provides financial independence and prevents future disputes over mortgage payments and ownership responsibilities.
2. One Spouse Keeps the Home and Compensates the Other
One spouse stays in the home and buys out the other’s share of the property. The spouse who keeps the home may need to refinance the mortgage to remove the other spouse’s name and ensure financial independence. The other spouse receives other community assets (such as savings, retirement funds, or investments) to balance out the division of property.
3. Co-Ownership After Divorce
In rare cases, spouses may choose to keep joint ownership of the home even after the divorce. This may be done for the benefit of minor children, allowing them to stay in the family home until a later agreed-upon date. This arrangement requires clear legal agreements to avoid future disputes over mortgage payments, maintenance, and eventual sale.
4. Court-Ordered Sale
If spouses cannot agree on what to do with the home, the court may order the sale of the property. The judge will ensure that both parties receive a fair share of the proceeds based on California’s community property laws.
What Factors Influence Who Gets the Home?
If there is a dispute over homeownership, the court will consider factors such as:
Financial ability – Can one spouse afford the mortgage, property taxes, and maintenance on their own? Child custody arrangements – If one parent has primary custody, the court may allow them to keep the home to maintain stability for the children. Pre-existing agreements – Did the couple sign a prenuptial or postnuptial agreement that dictates how the home should be handled?
Discuss Your Options with a Divorce Lawyer in Roseville
Determining who gets the family home in a divorce can be complicated, especially when children and financial considerations come into play. At Hoss Law, we help our clients navigate the legal and financial aspects of property division, ensuring they receive a fair outcome.
Call 916.584.9610 or contact us online today to schedule a consultation with an experienced Roseville divorce attorney.
