"Who gets the house?" is one of the most common questions couples ask when they are looking for Pasadena divorce advice.
If the house was owned by one spouse before the divorce, the house is separate property. If there is a mortgage, however, the house will be community property to some extent because the income used to pay the mortgage during the time the couple is married is considered community property. This is true even if only one spouse works outside the home.
Most couples have their home in joint names, also referred to as tenants by the entirety. Even if the house is solely in one person's name, however, this does not necessarily make it separate property.
In community property states such as California, inheritances are normally considered separate property. If you inherited your home, it should remain yours alone after the divorce. This is true even if the inheritance occurred while you were married. However, if your spouse's name is ever added to the deed and marital assets are spent remodeling the home, it may be considered partially marital property.
If a couple has young children together, often the custodial parent will want to remain in the home after the divorce so as to minimize the disruption in the lives of the children. Continuing to live in the marital home will usually require sacrificing an interest in other marital assets to compensate the spouse who is moving out. Before this decision is made, it's important to consider if the person remaining in the house will be able to continue to afford expenses such as the mortgage, property taxes, insurance, and maintenance. If plans to purchase the house were made based on the couple's combined incomes, it's going to be hard for just one spouse to handle the upkeep on his or her own.
How Can We Help?
Please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com if you have questions about how assets and debts are divided after a divorce. Our skilled Pasadena divorce attorneys are eager to help you get a favorable settlement as quickly as possible so you can move on with the next phase of your life.