Family Law Attorney
Playa Vista: (424) 500-2983
Century City: (310) 310-2236

Fixed Fee Los Angeles Divorce and Family Law Attorney

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.

Client Testimonials

  • It is impossible to quantify what Evan has done for me and my family. After years of turmoil, Evan navigated some very sensitive situations, always keeping my family’s best interests at heart. Evan delivered great results in an incredibly efficient and reasonable manner… Continue reading

    - Megan
  • I called Evan at 7 am, he picked up. I called him THAT SAME day at 11pm, he picked up. Case close… Continue reading

    - Jeff
  • Evan Braunstein is great! He helped me get through one of the most annoying and difficult times of my life. He was honest, and that means a lot to me. Some people will tell you what you want to hear. He told me the good and the bad, and when it was over, it was all good… Continue reading

    - Greg G.
  • Evan is a wonderful family law attorney. I hired him for my personal case and was very satisfied with my settlement. He is dependable, professional, and really cares about his clients. He is extremely knowledgable and helped me through a very difficult time… Continue reading

    - Juliet

  • Most Recent Blog Post

    Who Gets the House in a Divorce?

    Wednesday, May 29th, 2019
    Categories: Blog, Division and Valuation of Property

    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.

    Ownership is the Initial Consideration

    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.

    Methods for Dividing the Interests in the Marital Home

    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:

    • Agreement: If you and your spouse can compromise on how to divvy up interests in the home, a court is not likely to disturb your agreement. To protect your rights, you should consult with an attorney during negotiations, finalizing the agreement, transferring title, and preparing the order.
    • Court Hearing: When parties to a divorce cannot agree, a court will make a decision on who gets the house after conducting a full hearing on the issue. There are countless factors a judge will consider, such as who gets custody of children, a determination on alimony, division of other assets, and others.

    Property Division Options for Parties to Consider

    Regardless of whether the house is the subject of an agreement or a judge’s decision, there are multiple alternatives.

    • Sale to a Third Party: Both spouses may relinquish their ownership interests in the home by selling it to someone else and distributing the proceeds. Note that the division of the sale funds may not be exactly 50-50, as there may be equitable reasons to deviate from an exact split.
    • Buyout: One spouse may buy the other out, either through direct payment, applying amounts gained through division of other marital property, assuming the mortgage, or combinations of these structures.
    • Deferred Sale: It’s possible to keep the home in both of your names for a designated time period, at which point you’ll sell and divide the proceeds. A deferred sale is often wise when there are school-age children and the custodial parent wants to remain in the home.

    Contact a Century City Divorce Lawyer to Discuss Real Estate and Other Marital Assets

    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.

    Evan Braunstein
    Phone: (424) 500-2983
    Fax: (310) 492-4025

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