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Disposing of the family home during divorce

On Behalf of Cullen Family Law Group | Jan 20, 2021 | Property Division |

If you’re marriage is on the rocks and quickly headed toward divorce, then you’re probably worried about a lot of different things. One of the concerns at the top of your list is probably property division given that it can dictate what your finances look like long after your divorce is finalized. While California is a community property state, there’s still a lot of room for negotiating how property will be divided. This might include your family’s residence.

What should you do with the family home?

The family home can have a significant amount of value, especially if you’ve spent decades building equity. A lot of people have emotional attachments to their residence, too. This is understandable given that they’ve often build their lives in these home. Yet, fighting to keep the family residence may or may not be in your best interests. Consider you options when it comes to this major piece of your marital property:

  • Buy from or sell to your spouse: This option will require someone to have a lot of cash on hand, but it can lead to the outcome you desire. Just make sure that you realize that buying out your spouse means that you’re going to be solely responsible for the mortgage, maintenance, and upkeep based on your income alone.
  • Barter: You and your spouse can exchange other marital property for the home. Again, just make sure that you’re not getting short-changed. If you’re giving up assets to keep the home, make sure the value is equivalent to what you’re getting. You don’t want to let more valuable retirement assets go by if you can avoid it.
  • Sell to a third-party: This is probably the most popular option because it gives you a clean break while providing you with some cash to reestablish yourself post-divorce. Just make sure you’re selling your home at the right time and at the right price.
  • Co-own: It might sound strange, but continuing to co-own the residence with your spouse may be a viable option. It allows you to share costs while continuing to build equity. You might even be able to turn it into an investment property. If you have kids, then keeping the home can give them a sense of stability. Just be aware that someone is probably going to have to foot the bill for a second place to live.

Take a holistic approach to your divorce

Divorce is a multifaceted. As such, you need to make sure that you have a clear plan for every aspect of your marriage dissolution so that you are as strongly positioned as possible moving forward. For that, a skilled legal professional can prove to be a powerful ally.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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