In a California divorce, the division of property, including who gets to keep the house, depends on several factors. Here’s a general overview:
- Community Property State: California is a community property state, which means that property acquired during the marriage is generally considered community property and is subject to equal division between the spouses upon divorce.
- Characterization of the House: The first step is determining whether the house is community property, separate property, or a combination of both:
- Community Property: If the house was acquired during the marriage using community funds (income earned during the marriage), it is typically considered community property.
- Separate Property: Property owned by one spouse before the marriage or acquired by gift or inheritance during the marriage may be considered separate property.
- Equitable Division: While California law presumes a 50/50 division of community property.
- Options for Keeping the House:
- Buyout: One spouse may buy out the other’s interest in the house.
- Sale and Division: If neither spouse wants to keep the house, or if it’s financially impractical for one spouse to buy out the other, the house may be sold and the proceeds divided.
- Legal Assistance: Given the complexities involved in property division, especially with real estate, it’s advisable to consult with a family law attorney who can provide guidance based on your specific circumstances and ensure your rights and interests are protected.
Ultimately, the decision of who gets to keep the house in a California divorce depends on the unique facts of each case and may involve negotiation between the spouses or a determination by the court if they cannot agree.