Divorce does more than divide bank accounts; it can divide lives. Many people might wonder what will happen to the family home. This is the house where your kids took their first steps, where you hosted holidays, celebrated birthdays, and spent quiet Sunday mornings sipping coffee. Can you keep the family home during a California divorce?

Deciding who stays in the house is a bigger decision than who is on the deed. It is a struggle for many separating couples. For many, it is one of the hardest parts of ending a marriage. Let’s look at what could happen in this situation.

Figuring Out Ownership

Before anyone can claim the house, the law will take a subjective view of your home. California is a community property state. That means most assets acquired during the marriage belong equally to both spouses. But not everything falls into that clean-cut category.

Community Property

If the home was bought during the marriage using marital income or savings, even if only one spouse’s name is on the title, it likely belongs to both of you equally.

Separate Property

If one spouse bought the home before the marriage and did not co-mingle finances, it might be considered their property.

Most family homes have a little of both. For example, if your spouse bought the home before the wedding but you have been helping make payments for years, you may have a right to part of the equity. These “mixed property” situations are common. 

To determine whether it is separate or community property, a detailed look at mortgage statements, down payments, and refinance documents will be required.

Working Towards Reaching an Agreement

If you and your spouse are able to have a productive conversation or work through mediation, you can make decisions about the home together. While you will still need to go to court, you don’t have to rely on a judge to make the final decision.

One option is a buyout. In this arrangement, one spouse keeps the house and compensates the other for their share of the equity. This involves refinancing the mortgage or giving up other marital assets in exchange for the property.

Sometimes, couples agree to sell the home and split the proceeds. Another option is to set up a temporary arrangement, such as having one spouse stay in the home with the kids, with an agreement to sell the house later.

What If Kids Are Involved?

This issue takes on more emotional weight when children are in the picture. Judges want to minimize disruption in a child’s life. However, that does not mean you automatically get the house if you are the primary caregiver. But, many times, it can work in your favor.

Sometimes, the court will allow the parent with primary custody to stay in the home temporarily, especially if moving would mean switching schools or neighborhoods. This is often called a “delayed sale” arrangement. With that, the home stays put until the youngest child turns 18. After that, the house can be sold. This gives the kids stability and gives the ex-spouses time to plan their next move.

What Happens If You Can’t Agree?

The court will step in if you and your spouse cannot agree on who keeps the home. A judge may:

• Order the home to be sold and divide the proceeds
• Award it to one spouse and offset it with other assets
• Delay the sale until specific conditions are met

The court will look at the financial facts, not the emotional ones. If you don’t want to leave the future of your home in the hands of a judge, you will want to work with a California divorce attorney who can find a solution for you.

Avoid Property Division Disputes with Legal Help

If you still have questions about whether you can keep the family home during a California divorce, you may want to contact an experienced family law attorney. They can help assess the best options for your situation.

If you are looking for more guidance, you need the assistance of an experienced family law attorney. At Roberts & Zatlin Family Law Firm, we will make you and your family our top priority. Contact us today or call (951) 381-8147. Your first consultation is free and confidential. Schedule a consultation today.