Top 5 Factors the Judge Considers When Determining Who Gets the Home


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 emotional decision.

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 Family Law Advocacy Group, 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 attorney today for a free consultation.

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