California divorce attorney Bruce A. Mandel knows that there are many reasons you may want to keep your home, including emotional attachment, stability, and consistency for your children. Regardless of your reasons for wanting to keep your home, property division is often very contentious in divorces.
If your spouse owned your home before you were married, or it is otherwise considered your spouse’s separate property, keeping your home may be an uphill battle in a divorce. If your home is considered community property under California law, it belongs to both of you equally. With the help of a skilled and experienced divorce attorney, you have a better chance of securing favorable terms in your divorce, including the possibility of keeping your home.
If you have previously entered into a valid prenuptial or postnuptial agreement, those terms may control property division, such as who gets the house. California has strict laws when it comes to the validity of marital agreements, however. Your marital agreement may have terms that are invalid and would not be upheld by a California court. An experienced divorce attorney can review your marital agreement and discuss the terms and potential issues.
Marital agreements can also be helpful if you and your spouse do not have plans to file for divorce right now, and you want to work out an agreement that provides that you will get the house if you decide to divorce in the future. If you are not yet married, you and your spouse can address this in a prenuptial agreement, and if you are already married, you can address this in a postnuptial agreement.
California courts allow spouses to enter into divorce agreements that set forth some or all of the agreed-upon divorce terms. For example, you and your spouse may decide that you will keep the house, and you will pay your spouse a portion of the equity in your home. You may make other property division concessions in exchange for keeping your house, as well.
If you and your spouse have not been able to agree to property division terms, you may be able to negotiate agreement terms through mediation or collaborative divorce. In mediation, you and your spouse will use a neutral third-party mediator to help you work through the terms of your divorce, including property division. In a collaborative divorce process, there is no third-party involved. You, your spouse, and your respective attorneys will work together to negotiate and settle your divorce terms.
Community Property And The California Court System
At the Law Office of Bruce A. Mandel, we understand that keeping your house may be a high priority in your divorce terms. If you are not able to agree to community property division terms with your spouse, you may have to leave it up to a California judge to decide whom, if either of you gets to keep your house.
We will help prepare your argument and fight for your right to keep your house in your divorce proceedings. Contact our office at 424-250-9130 or online. Follow us on Facebook for more information about California family law matters.