Who Gets the House in A California Divorce?

Who Gets the House in A California Divorce?

Divorces can get messy, especially when you jointly own bank accounts, investments, and homes. If you’re considering a divorce from your spouse, you may be wondering who gets the house in a California divorce. At Bloom & Rudibaugh, we are California divorce experts here to answer all your questions about what happens to your house during a divorce. 

Who Gets the House in A California Divorce?

You need to know two key concepts when figuring out who gets the house in a California divorce. They are “community property” and “separate property.”

  • Community Property is any property that the couple bought together or that was acquired during the time the couple was together.
  • Separate Property is any property that a person owned before entering into marriage. Separate property can also include any properties acquired through an inheritance or gift to one spouse during marriage. 

Any property that is clearly “separate property” will go to the spouse who owns that property. However, things can get tricky when one spouse’s name is on the title of the house, but the other person helped pay the mortgage on the home, or there was a verbal agreement that the house belonged to both of them. 

Still, if there is only one name on the title for the house, it can be tricky to prove that the home was “community property.” If this is your situation, you should speak with a lawyer right away. 

How is the House Split In A California Divorce?

If a house is considered “community property” in a California divorce, a couple has a few options for how they will split the home. 

  • One spouse can buy out the other spouse to become the full owner of the home.
  • The couple can sell the house and split the profits equally.
  • The couple may settle outside of court and decide that one spouse will keep the house without having to buy the other out. 
  • The Court may order a deferred sale of the house to minimize the impact of the divorce on the children, usually only if the child has disabilities

What Is A Spouse  Entitled to in A Divorce in California?

In California, a spouse  may be entitled to 50% of all marital assets (like a house) and a portion of the spouse’s income through spousal support or child support. Any entitlements are based on the parties income, the length of the marriage, and other factors. 

Who Pays The Mortgage When You Separate?

While your personal life might feel wildly different, your mortgage won’t know that you’ve filed for divorce or separated. If both spouses’ names are on the house’s title, then both parties are responsible for paying the mortgage until it is fully paid:however, generally, the party residing in the house is responsible for paying the mortgage during  the proceedings 

Review Your Case with Our Team

​​At Bloom & Rudibaugh, we have an experienced team of family law attorneys who hold expertise in all aspects of California family law. We are prepared to help you successfully file for your divorce. Call our Hemet Law Office today at 951-652-1400 or our Murrieta/Temecula office at 951-296-5360 to schedule a consultation with one of our family lawyers.