Will I Lose My House in a Divorce? Here’s What You Should Know.

key to a house

Are you getting divorced and want to keep your house? Please continue reading and reach out to our experienced Los Angeles division of assets attorney to learn more about how courts determine who gets to keep marital homes and how our firm can help you fight for the best possible outcome. Here are some of the questions you may have about the division of assets process in California and how we can guide you through it:

What happens with marital assets when a couple gets divorced?

Here in the state of California, if a couple does not have a prenuptial agreement in place and cannot decide on who gets to keep which assets, courts will have to determine which assets are considered community property and which are considered separate property. Community property is typically considered assets acquired during the course of a marriage, while separate property consists of assets one spouse accumulated either before their marriage or not pertaining to their marriage, such as gifts from others. In most cases, community property is distributed equitably between spouses and separate property is not.

How do courts in California decide on who can keep the house in a divorce?

In most cases, houses, where both spouses reside, are considered community property. Even if one person primarily paid for the house initially, if the other spouse can prove that he or she contributed to the house, financially or otherwise, such as by cleaning, raising children, etc., there is a very good chance they will at least be entitled to a portion of the marital home. Courts will consider a wide array of additional factors when determining whether who gets to keep the marital home, such as each party’s yearly income and ability to pay for the house, whether there are alimony/child support agreements in place, how the decision may affect the children, tax consequences, and more.

The truth is, property division in divorce is complex, and if you believe that you may be at risk of losing your home in your divorce, the best thing you can do is retain the services of an experienced Los Angeles divorce attorney who can fight for the outcome you need. Zitser Family Law Group, APC is here to help you today.

Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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