Do I Have to Move Out After Being Served Divorce Papers in California?

key to a house

There are few things more stressful than getting a divorce. Unfortunately, people get divorced every single day here in the United States, and, in fact, roughly fifty percent of all marriages end in divorce. That said, if you were recently served with divorce papers, you may wonder if you’ll have to leave your house. This may especially be the case if you’re in a rather contested divorce and tensions are high. Please continue reading and reach out to an experienced Los Angeles divorce attorney from Zitser Family Law Group, APC today to learn more about whether you’ll have to move out of your house and how our firm can help you through each step of the divorce process ahead. Here are some of the questions you may have:

Do I need to move out of the house if my spouse served me with divorce papers?

If you were served divorce papers, in most cases, you won’t have to leave the house, even if your spouse wants you to leave the house. It’s unlawful to simply throw a spouse out on the street, especially when the spouse co-owns the house. That being said, you should note that in some cases, courts may issue temporary orders in the weeks or months after a person is served divorce papers, wherein the order may warrant the spouse moving out of the home, at least until the divorce is finalized. In cases where domestic violence is an issue, however, the abused spouse may get a restraining order against the abusive spouse, which may warrant the spouse leaving the house.

Will I get to keep my house if I get divorced?

Courts will consider a number of factors when determining who gets to keep the house in a divorce. California is a community property state, which means that in most cases, marital property is divided 50/50 between spouses, though, rather obviously, only one spouse will get to keep the house. Just some of the factors that courts in California will consider when determining who gets to keep the house are as follows:

  • How much each spouse contributes to the house financially
  • The child custody agreement in place, and whether it would benefit the children to remain in the house with the custodial parent
  • How much each spouse contributes to the house in other ways, such as by doing daily chores, raising children, etc.
  • The value of the house
  • Each spouse’s income
  • Any other factor the court deems relevant

If you’re looking to keep your house or you’re being asked by your spouse to leave your house, you need a competent attorney in your corner. Give us a call today so we can get started working on your case.

Contact our experienced Los Angeles firm

For the qualified, dedicated legal representation you and your family deserve and need through any family law or divorce matter, contact Zitser Family Law Group, APC today.

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