During a divorce, one of the most emotional situations to handle is the family home. Especially when it comes to children, parents should have the best understanding possible to do what’s best while keeping their feelings in mind as well as following the law.
How California Community Property Laws Apply to the Family Home
California is a state that operates with community property laws. This means that if a home was obtained during the marriage, it will be treated as community property, no matter whose name is on the actual title. Usually, community property is divided equally, however in some circumstances this can be negotiated. It’s also important to understand that just because the property is being split equally, that doesn’t automatically mean that the house must be sold straight away.
The Court’s Standard When Children Are Involved
It’s common practice when children are involved for the courts to offer a deferred sale on the family home. This gives everyone the chance to compartmentalize its loss and solidify next steps before having to part with it. As a parent going through a divorce, make sure you consult California’s divorce index to make sure you are fully aware of the standard practices when it comes to how property is specifically handled in the state of California.
Judges tend to consider how the child’s schooling will be impacted, general emotional disruption, and overall convenience before ruling on anything. This doesn’t mean that one parent would automatically get full ownership of the house, but it does allow for temporary adjustments until the divorce assets are completely settled.
Temporary Use of the Family Home
The court can offer temporary use of the family home to one parent. This usually goes to the parent who will have primary custody of the children. Judges also take domestic violence and general safety into consideration when making these decisions.
This is also decided on a basis of practicality for the children, not as a punishment for the other parent.
Common Outcomes for the Family Home
There are a few typical outcomes for the family home following a divorce. The most common one is the house is sold and the money made off it is used to pay off the mortgage with the remainder being split evenly between both partners. Another outcome is one parent buying the other one out, which basically means that one parent can pay the other one for their half in order to keep it. Next is the deferred sale option. This is usually granted with a specific expiration date such as the graduation of a child, or when they reach a certain age. Finally, the trading of equity can be handled between parents. Examples of this would exchanging retirement accounts or investment accounts for the other half of the house.
These outcomes are driven by financial feasibility and are therefore not as attainable if one parent cannot realistically afford the mortgage, taxes, insurance, and ongoing maintenance costs on a single income.
What Happens if the Home is Separate Property?
If the home was obtained before the marriage by one parent, then it will be deemed separate property. Complications can lie within things like mortgage payments and home improvements. It’s common to see reimbursement claims and disputes in court over disagreements pertaining to all of these, which is why keeping as much documentation as possible is crucial. Gathering as many financial statements as you can that relate to joint bills while in the separate property home will only help to strengthen your case.
Seeking Legal Help
Dealing with the possibility of losing a family home is so tough. This is why having the right legal team to support you throughout the process is key to being represented the best you can. Men’s Legal Center in San Diego is a team of experienced attorneys that are here to offer you a free case review, so make sure you reach out as soon as possible.