Who Gets the Vacation Home in a Divorce?

Beach House

Divorces can be messy when it comes to property ownership. Some things might be easier to determine, such as the owned house may go to the spouse that has custody over the children. Figuring out who gets the vacation house, however, is a little trickier than that.


Be it a vacation house or second house, factors are usually dependent on a decision made by the marital couple, the court, or the type of property it is. Learning this information is meant to clear up any misunderstanding just in case this situation occurs. Keep in mind that this applies to divorce laws in California.

Couple Negotiations In and Out of Court

Couples, when faced with divorce, negotiate on property ownership. They don't do it alone with each other, usually. Lawyers are most likely to be involved with this process, specifically a divorce attorney. When a final decision is made, it goes to a judge. The judge then passes approval of this decision. If this is the process you choose, then it's essential that you have an attorney.

Relying on Marital Agreements

A decision may have already been made on property ownership. This comes in the form of a contract. If it's decided before marriage, then it's a premarital agreement. If this contract is signed after marriage, then it's a post-marital agreement. It's still important to get an attorney for this. They can help you put together the contract and sort everything out if a divorce does happen.

Different Types of Property Impact Ownership

Property type can range from distinctions like separate and mixed. Separate property is owned by a spouse before marriage. After a divorce, this second home would still belong to that spouse.


Things become more difficult to determine if it's a mixed property. Mixed property is when property starts off as separate but is then mixed with community property. This is where you'll definitely need an attorney to help you clear things up.


Other property types include community and quasi-community. Quasi-community property is like community property except it's a vacation house obtained outside of California. An attorney can give you more details about the types of property taken into consideration when it comes to divorce.


A family law attorney isn't just someone who helps you determine who gets custody over children. They could also be a divorce attorney that assists you in determining who gets the vacation home. A family law attorney can help you with negotiations and contracts. If you want to know more about the type of property your vacation home is, then you should consult a divorce attorney.


Turn to Law Offices of Donald Schweitzer. Contact them today so they can answer any question you may have about who gets the vacation home.