Who Gets the House in a California Divorce?

October 25, 2024

Who Gets the House in a California Divorce?

Going through a divorce is never easy, especially when it comes to dividing assets such as the family home. In California, property division laws can be complex and confusing, leaving many couples unsure of who will get the house after the divorce is finalized. At COLLISS LAW, APC, we help California residents navigate the ins and outs of divorce proceedings, including determining who gets the house.


In California, marital property is typically divided equally between spouses during a divorce. This means that both parties are entitled to half of the assets acquired during the marriage, including any real estate property such as the family home. However, there are exceptions to this rule, such as if one spouse owned the house before marriage or if it was inherited or gifted to one spouse during the marriage.


When determining who gets the house in a California divorce, several factors come into play. The court will consider each spouse's financial situation, their contributions to the acquisition and maintenance of the property, and what is in the best interest of any children involved. If one spouse can afford to buy out the other's share of the house or if they have primary custody of any children, they may be more likely to be awarded the house.


If both spouses want to keep the house after a divorce, they may choose to sell it and split the proceeds. This can be a simple solution if both parties agree on how to divide the sale proceeds fairly. However, if there is disagreement over who should get the house or how it should be divided, mediation or litigation may be necessary to resolve these issues.


At COLLISS LAW, APC, we understand that going through a divorce can be emotionally draining and stressful. Our experienced team of attorneys is here to help you navigate through this difficult time and ensure that your rights are protected throughout the divorce process. Whether you are fighting for ownership of your family home or need assistance with property division negotiations, we are here to support you every step of the way.


Divorce can be a challenging experience for anyone involved, especially when it comes to deciding who gets ownership of important assets like your family home. In California, property division laws can vary depending on each individual case's circumstances. At COLLISS LAW, APC, we have years of experience helping California residents with their divorce matters and ensuring that their rights are protected throughout this process. If you find yourself facing a difficult divorce situation where ownership of your family home is at stake, don't hesitate to reach out for our expert legal guidance and support.

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