When couples get divorced, they have a lot on the line. Terms of child custody, child support, spousal support, and property division need to be decided on/resolved before a divorce can conclude. As you can imagine, many of these issues are often contested, meaning spouses cannot agree on them. One of the most hotly-contested divorce-related issues is that of property distribution, as often, both spouses don’t want to give up property they feel is rightfully theirs. For most people, the most significant and most important asset they own is their home. If you’re going through a divorce, you may wonder whether you’ll get to keep your house or if you’re going to lose it. Please continue reading and reach out to an experienced Los Angeles division of assets attorney to learn more about how property distribution works in California & how we can help you keep what’s yours.
How do courts determine whether a spouse gets to keep the house in a California divorce?
The first thing courts will do when spouses cannot agree on property distribution terms is break their property down into community and separate property. Community property encompasses property accumulated over the course of a marriage, and separate property is property accumulated prior to marriage or outside of marriage (e.g. gifts and inheritances). Separate property is not subject to distribution, while community property is. Typically, a marital home is considered community property, and, therefore, will be subject to distribution. Courts will consider a wide range of factors when deciding on who gets to keep the marital home, including the following:
- The extent to which each spouse contributed to the house, both monetarily and not
- Each spouse’s yearly income
- The child custody agreement in place, and whether it would negatively impact the child to move out of the house
- The standard of living established in the marriage
- Any other factor the court deems relevant
Our legal team has extensive experience taking clients through the divorce process and fighting for the best outcome possible on their behalf. If you have further questions about how property distribution works here in California or you’d like to hire a seasoned Los Angeles divorce attorney from our firm so we can get started working on your case, please don’t hesitate to give us a call today. We’re ready to help you, every step of the way.
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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.