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In many California divorce cases, the primary residence is often the largest single asset in the marital estate. There are many considerations that a person should make before deciding whether to request the house in the divorce, and discussing the issue with an experienced California divorce attorney is often the best option to learn more about the potential impact of this decision. At Kearney Baker in Pasadena, our team of top-tier legal professionals is here to advise you on this and many other issues that may arise during a divorce. Call or contact us today to schedule a consultation if you’re asking, “Who gets the house in a divorce with children?”

California is a Community Property State

As a community property state, California’s divorce laws require that all marital property be split equally in value, 50/50 between spouses. As the house is often the most expensive asset that a couple owns, if one spouse wants the house in the divorce, it often means sacrificing most, if not all, of the rest of the marital property to the other person in order to offset the value. If you are not comfortable giving up that much in order to keep the home, it may be best to seek other options.

So, Who Gets the House in a Divorce with Children?

One of the most common reasons that one spouse seeks to keep the home is for family reasons. If the couple has children, maintaining the primary residence can be a source of stability and comfort during a difficult time. However, it is important to review the costs associated with maintaining the home on a single income, even if there is some spousal support, which can include utilities, maintenance, property taxes, and insurance.

Other Solutions for Couples

If neither spouse wishes to keep the family home or if neither can afford to keep the home on a single income, there are other options to retain some of the value of the house. The most common solution is to sell the house and split the proceeds equally between divorcing spouses. This can provide the money that you need to restart your life after a divorce. Another option for a spouse who wishes to keep the home is to rent out part of the property and utilize the rental income to cover the costs of keeping the house. An experienced attorney can go over all of your options in order for you to decide whether it is in your best interest to keep the house in the divorce. 

Talk to Our Office Now

Whether or not to keep the house in a divorce is often one of the biggest decisions in the property distribution between spouses, and the outcome can have a substantial impact on current and future finances. To learn more about your legal options for this and other matters that may arise in a California divorce case, call the office or contact us today at Kearney Baker to schedule a case consultation.

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