The Law Offices of Evan Braunstein provides fixed fee services for all of your Los Angeles divorce and family law needs. Unlike most other family law attorneys, we do not bill by the hour but rather charge a fixed fee for our work on your case. This efficient billing approach offers you the predictability of knowing how much our services will cost and the assurance of knowing that everything necessary will be done. You will be able to talk to us and ask questions without wondering how much the call will cost. We provide all clients with free 24x7 online access so that you can safely and securely view all of your documents as well as an updated calendar and timeline detailing the status, progress and due dates in your case. With more than ten years of experience representing clients in a variety of divorce and family law matters, our goal is to aggressively protect your interests without the financial and emotional burden of unnecessary litigation.
Since the home you share with your spouse is likely one of the most valuable assets involved in your divorce, you’ll definitely want to know how it’s treated under California divorce law. The question of who gets the house is far from simple but, in general, the statutes regarding the division of assets apply. There are more complex issues that you should discuss with a Los Angeles divorce lawyer, but some background information may be helpful.
Before getting to the issue of who takes the house in divorce, you’ll first need to determine who owns it. The question revolves around the concept of marital versus separate property. Community property states like California will usually presume that a home purchased during the marriage belongs to both spouses. When a spouse bought the house before marriage, it’s usually considered separate and not subject to division in divorce.
However, the issue may become murky when one name appears on the deed and the home was purchased after the couple married.
Ultimately, the house will be distributed according to what the court orders. How it gets into the final divorce decree may vary, and there are two ways of handling the issue:
Regardless of whether the house is the subject of an agreement or a judge’s decision, there are multiple alternatives.
For more information or answers to additional questions on who gets the house in divorce, please contact the Law Offices of Evan Braunstein. You can set up a consultation with a Century City divorce attorney by calling 877.721.4551.