When you are getting divorced, confusion, emotions, and legal details can become overwhelming. A divorce involves so much more than just deciding you do not want to be married anymore, and you may have questions such as, “Who gets the house in a divorce in California?” and “How do I protect my property?” A property division lawyer can help you in your pursuit of answers, as well as peace of mind.
The Types of Property in California
In order to better understand who gets the house in a divorce in California, it is wise to learn more about how the state approaches property division in general. There are two categories that your and your spouse’s property can be divided into: community and separate property.
Community Property: According to California Code, Family Code – FAM § 2641, the label “community property” applies to all of the property, assets, and debts that a couple acquires during the duration of their marriage. Simply put, everything that you and your spouse own or owe unless specifically set apart by legally binding documents, will be divided in half when you file for a divorce.
If you and your spouse bought the house together during the time of your marriage, it will be classed as community property. This means that, legally, the cost of the house would be split between both parties. If you want to keep your house, you have the option of buying your spouse out of their half. Otherwise, you will most likely need to sell it and split the earnings in half.
Separate Property: California Code, Family Code – FAM § 770 describes the second property category, which includes everything that belonged to you prior to your marriage. This can include debts, property, businesses, inheritance, and more.
If you owned your house prior to getting married, it is considered separate property. This means that, most likely, you will be granted full ownership and rights to the home. You can either keep it or sell it, and you will probably be legally permitted to keep any money gathered from the sale of your home.
How Do I Prevent My House From Being Included in California’s 50/50 Division Law?
There are a few ways that you can protect your property in advance, such as preparing your estate just in case you get divorced. Prenuptials and postnuptials are both legally binding documents that state what belongs to you prior to and after your marriage. While no one enters a marriage expecting to get divorced, it is always better to be safe than sorry. A lawyer can help you with these documents, which can be very helpful and bring peace of mind.
One potential site where your legal proceedings will be handled is the Napa County Superior Court, located in the Historic Courthouse. Not only is it conveniently situated in Napa, but it is also focused on family law cases, including divorce and property division. Your lawyer will be able to offer you more information and advice to help you decide how to move forward with your property division case.
FAQs
Q: How Much Does a Property Division Divorce Lawyer Cost in California?
A: Due to the unique variables each property division case presents, it can be difficult to pin down a precise price for hiring a property division lawyer in the state of California. Still, there are a few consistent factors that may impact your overall cost, including the complex divorce litigation and duration of your case. At Hayes Family Law, we make it our goal to help you handle your case effectively and efficiently, making the pursuit of your desired outcomes feel worth every penny you may spend.
Q: How Is a House Split in a Divorce in California?
A: How a house is split in a divorce in California will depend on a few basic elements of your case. If you or your spouse purchased the house prior to the start of your marriage or included it in a prenuptial agreement, the original owner of the house will legally be allowed to keep it. If it is purchased during the marriage with joint funds, it belongs to both spouses and will need to be split after the sale of the home, or one spouse may buy out the other.
Q: Can I Represent Myself in My Divorce Property Division Case in California?
A: While it is perfectly legal for an individual to represent their own interests in a divorce property division case, most people find they benefit tremendously from the insightful assistance of a property division lawyer.
If you handle your own case, you will have to deal with complex paperwork and confusing jargon, and potentially become caught up in emotional disagreements with your spouse. A lawyer can serve as a third-party representative, helping you pursue your desired outcomes while cutting back on confusion and delays.
Q: Is Everything Split 50/50 In a Divorce in California?
A: Generally speaking, all property and assets accumulated during the marriage are considered community property, which means everything that you owe and own from the time of your marriage will most likely be split in half if you are getting a divorce. Things become more complex when spouses seek to attack or defend a prenuptial agreement or distinguish separate property, but legal documents, such as prenuptials and postnuptials, and the guidance of skilled legal professionals can help bring clarity to this.
Get More Information Today
Getting a divorce can be an incredibly emotional and overwhelming process, especially if you are trying to do it alone. When it comes to dividing up your property, you may have specific concerns but not know how to go about addressing them. Fortunately, you do not need to shoulder this burden alone.
At Hayes Family Law, you will find knowledgeable and compassionate lawyers who are ready to take on your case and help you in the pursuit of your preferred outcomes. Not only will they be able to bring clarity to this confusing time, but they can also direct you through the property division process step by step. With insight, knowledge, and skill, your lawyer can assist you in protecting the property you have worked so hard to acquire while offering compassionate guidance.
Contact us today to schedule a consultation.
