Determining how to split property and assets during a divorce can be a
tricky venture. California is a “community property” state,
meaning that all property and assets acquired during the marriage are
divided equally between the two parties, regardless of the reason for
the divorce. It can be difficult, however, to determine who gets the marital
home. There are specific things a judge considers when determining who
gets the house.
1. Emotional Attachment
Did one spouse reside in the house longer than the other? Did they spend
extra time making the residence beautiful and comfortable? These can all
play a factor when determining who gets the home, which can be quite an
2. The Kids
The judge will look at who will receive primary custody of the kids. Based
on this decision, they may assign the house to that parent, to protect
the children. Divorce can be hard on kids and asking them to move out
of a house they grew up in may not be wise.
3. Contribution to the Marital Home
The judge may look at who made the payments for the house. While the home
will be considered a part of the community property, one spouse may have
more rights to it than the other. Outside of monetary contribution, the
judge will also look at who spent the most time taking care of the house.
4. Who Could Maintain the House
Houses can be very expensive. From the mortgage to the homeowners’
fees, the costs can add up. That is why the judge considers who can pay
for the house after the marriage. While not the only way to decide on
who gets the house, this does play a role.
5. Marital Misconduct
Even though California is a community property state, marital misconduct
can still be considered when determining who gets the home. If a spouse
was unfaithful or abusive, they can lose the house.
At James D. Madden, Attorney at Law, we understand how important your home
is to you. That is why we fight to protect your rights. If you and your
spouse are dissolving your marriage, contact our Rancho Cucamonga divorce
attorneys today for a free consultation.