Navigating Divorce and Real Estate Division in California

Divorce is rarely described as “fun.” Even in the best-case scenario, where both parties agree on asset division, there’s still paperwork to complete and a judge’s approval to obtain.

The Complexity of Divorce

Divorce often involves complex emotional and legal challenges. Disagreements over child support or property division can be particularly draining. This guide is designed to help you navigate real estate division in a California divorce.

Understanding Real Estate Division in California Divorces

In California, real estate is generally divided 50/50 between spouses. However, various factors, such as the date of separation or residency in another state during the marriage, can significantly impact the division. Real estate in a divorce typically falls into one of three categories:

1. Separate Property: Property acquired before marriage, after separation, or received as a gift/inheritance.
2. Community Property: Property bought during the marriage with marital funds, regardless of whose name it is in.
3. Quasi-Community Property: Property purchased outside California that would be considered community property if bought within the state.

Understanding community property is crucial for resolving real estate disputes during a divorce.

What is Community Property in a California Divorce?

California follows community property laws, meaning most assets acquired during the marriage are equally owned by both spouses. According to CA Family Code Section 2550, these assets must be divided equally upon separation unless an alternative agreement is reached. This 50/50 division can be contentious, especially when it involves property bought with personal earnings.

However, couples have options besides an equal split. One spouse can buy out the other’s share, or they can sell the property and divide the proceeds. If an agreement can’t be reached, a judge will make the final decision.

The Importance of the Date of Separation

The date of separation significantly impacts property division in California divorces. While property acquired during the marriage is considered community property, assets obtained after separation belong solely to the acquiring spouse. California law requires physical separation and the intent to divorce for the date of separation to be recognized.

Mortgage Responsibility During Divorce

In California, both spouses are responsible for the mortgage on community property, even if one has moved out. This obligation continues until the divorce agreement and property division are finalized by a judge.

Get Expert Assistance

Dividing real estate during a divorce can be overwhelming and stressful. For professional guidance and support, contact The Cole Group. They specialize in navigating the complexities of California divorce and ensuring a fair division of assets. Protect your rights and secure your future with expert legal assistance. Call The Cole Group today!