{"id":6101,"date":"2022-09-16T10:48:27","date_gmt":"2022-09-16T10:48:27","guid":{"rendered":"https:\/\/www.atownlaw.com\/?p=6101"},"modified":"2023-01-16T03:42:43","modified_gmt":"2023-01-16T03:42:43","slug":"divorce-who-gets-house","status":"publish","type":"post","link":"https:\/\/www.atownlaw.com\/family-law\/divorce-who-gets-house\/","title":{"rendered":"Divorce: Who Gets the House?"},"content":{"rendered":"

Who Gets the House in a California Divorce?<\/span><\/h2>\n

One of the most stressful decisions in a divorce is deciding who will get the family home or if it will need to be sold to a third party. The home is often the most valuable family possession, and people feel emotionally attached to their homes. And when children are involved, there are more practical and emotional issues to consider.<\/span><\/p>\n

Several factors should be considered when deciding who gets to keep the family home or if it will need to be sold. Some examples are where the children will reside, whether the other spouse will be able to afford to maintain the family home once the divorce is over, tax consequences, and reimbursements. These factors will be discussed generally in this article.\u00a0<\/span><\/p>\n

Because the problems that can emerge when splitting a house during a California divorce are complex, it is always important to <\/span>get legal advice<\/span><\/a> on the best course of action for your case. It is essential to have knowledgeable asset division attorneys on your side during a divorce<\/a>. A skilled San Luis Obispo<\/a>, CA, family law attorney can help you negotiate a fair divorce settlement. Call 805 Law Group now for a consultation on the division of marital property.<\/span><\/p>\n

Who Owns the House?<\/span><\/h2>\n

\u00a0\"whoFinding out the legal owner is the initial step in deciding who gets to keep the house or if it will be sold instead. Although this sounds like a simple issue, it’s not always that clear.<\/span><\/p>\n

Presumption of Community Property<\/b><\/h3>\n

Property bought during a marriage is presumed to be “community property” in California. This means it is owned equally by both parties unless one of the spouses gained the house from inheritance or as a gift.<\/span><\/p>\n

In the simplest scenario, the married couple jointly purchased the house while they were still married (solely using community property money), and they are both listed as owners in the title. In this situation, the house is community property, and each spouse has an equal stake.<\/span><\/p>\n

However, the realities of homeownership are not always that easy. On certain occasions, the title of a house bought during the marriage is under the name of just one spouse. In this case, the title implies that this house is separate property, and owned by the spouse whose name appears on the title.<\/span><\/p>\n

The other spouse may rebut this assumption by proving that both spouses agreed or understood that the marital home belongs to them despite both not being on the title. However, contesting the presumption caused by the title could be very complicated and needs compelling proof that the intention was for both parties to own the house.<\/span><\/p>\n

Ownership of Separate Property Before Marriage<\/b><\/h3>\n

When one spouse acquires a house before marriage, the house becomes separate property of that spouse. The issue becomes more problematic when the non-title spouse contributes financially to the house loan or for house upgrades throughout the marriage. In this situation, the non-title spouse will have a financial stake in the marital residence, which might be considerable, particularly if there was a long marital period.<\/span><\/p>\n

So, Who Gets the House in Divorce?<\/span><\/h2>\n

The owner-spouse gets the marital home if it is deemed separate property. If the marital home is considered community property, it may be split in several ways in the divorce ruling, either by a divorce settlement agreement or court order.<\/span><\/p>\n

Put Up for Sale and Divide the Profits<\/b><\/h3>\n

Couples may agree to put their house for sale and share the profits. If neither spouse can afford to buy the house alone, this is almost always the only viable alternative.<\/span><\/p>\n

Buy Out<\/b><\/h3>\n

A second alternative would be for one of the spouses to buy the house outright to pay the other partner their share. The buying spouse would need the house refinanced to remove the selling spouse from their mortgage.<\/span><\/p>\n

The spouse’s ability to buy the home to afford the associated costs of full ownership of the house must be considered, such as:<\/span><\/p>\n