Divorce can be a challenging and emotional process, and one of the most significant assets in
any divorce is the family home. Determining who gets the house involves understanding
California’s community property laws, as well as specific factors related to when and how
the house was acquired. Here’s what you need to know about how houses are divided in a
divorce.
California’s Community Property Laws
California is a community property state, meaning that most assets acquired during the
marriage are considered jointly owned and are generally split equally in a divorce. However,
there are exceptions based on when and how the property was acquired.
Who Gets the House?
- Houses Bought Before Marriage
If one spouse purchased a house before marriage, it is typically considered separate property
and remains with the original owner. However, if marital funds were used to pay the mortgage or
make significant improvements, the community may have an interest in the property, which
could entitle the other spouse to a portion of its value. - Houses Inherited or Received as a Gift
Inheritances and gifts given to one spouse during or before the marriage are typically
considered separate property and are not subject to division in a divorce. However, if inherited
property is commingled with marital assets—such as using joint funds for renovations or
making mortgage payments—this could give the other spouse a claim to a portion of the home’s
value. - Houses Bought During Marriage
A house purchased after marriage using community funds is considered community property,
meaning both spouses have equal ownership. In most cases, the house will be either sold and
the profits split or awarded to one spouse, with the other receiving compensation in the form of
other assets or a buyout.
How Courts Decide Who Gets the House
If both spouses want the house and cannot agree on its division, the court may consider factors
such as:
Who has primary custody of the children (as keeping children in the family home is
often prioritized)
Each spouse’s financial ability to maintain the house
Whether one spouse is willing to buy out the other
The existence of a prenuptial or postnuptial agreement
Whether one spouse used separate funds to purchase or maintain the home
Options for Dividing the Home
When divorcing couples must determine what happens to the house, they typically have three
options:
- Selling the Home – The house is sold, and the proceeds are divided according to
community property laws or an agreed-upon arrangement. - One Spouse Keeps the Home – One spouse may buy out the other’s share or receive
the home in exchange for other assets. - Co-Ownership – Some ex-spouses continue to co-own the house, often for the benefit
of children, with plans to sell it later.
Protect Your Property Rights with Legal Guidance
Schedule a Case Evaluation call 951-339-3826
Determining who gets the house in a divorce can be complex, especially when separate and
community property overlap. At Reel Fathers Rights, we help fathers navigate property
division, ensuring fair treatment under California law. With offices in San Diego, Irvine,
Corona, Riverside, and Palm Desert, we are ready to fight for your rights.
Contact us today for a consultation to protect your assets and secure your future.
Click the link HERE to schedule your Consultation or call us 24/7 at 951-633-8595
Call or text 951-339-3826 or complete a Case Evaluation form
