When obtaining a divorce, one of the biggest issues is making sure that all property can be divided in the best interests of both parties. Due to the nature of divorce, it becomes necessary to involve the court in property division.
In California, property obtained during a marriage can be divided into separate property or community property. In the case of a divorce, separate property remains in the possession of its owner while community property is split between the divorcing parties.
- Community property: This is all property obtained during the marriage unless it specifically applies only to one person. When an item is both community property and separate property (comingled property), it is generally considered community property.
- Separate property: This is different from community property in that it includes property that stays with the individual In case of divorce unless it becomes commingled property.
Some states offer equitable distribution, which means that depending on the family situation and finances, a judge will determine the fair amount each person receives of the property.
What about the house?
The house can be considered community property or separate property. Depending on the laws in the state, the court can vary its decision. In the case of children, it is the parent that does the majority of child care that keeps the house. If the home was purchased before marriage, the home may be separate property and the other person must legally vacate.
Overall, in the case of the home, it is up to the court. Typically, there is no legal right for one party to leave, nor can one spouse bar the other from access to the home.
If you are seeking to keep your home in an upcoming divorce, the divorce attorneys at Hunter Law Group are here to help. Contact us to talk about the ways that we can work with you ensure the security of your home.
