California & Homes During a Divorce

California follows community property laws during divorce. Property division rules may affect the use, possession or ownership of a divorcing couple's home. As the family home often represents a significant financial and emotional asset, individuals should learn about the relevant California divorce laws.

Laws

• Under California's marital property laws, a divorcing couple must identify their community property and separate property. The California courts define community property as everything "owned together" by a married couple. State laws may treat the family home as community property if acquired during the marriage. The family court must divide all community property equally as part of the divorce, unless the couple agrees otherwise.

Procedures

• The relevant legal procedures depend on the time frame of the divorce. According to the State Bar of California, either spouse can ask for temporary orders to cover the time period before the court makes a final divorce judgment. Temporary court orders can include restrictions on property transfers, such as sale of the family home. The family court will later approve property division arrangements as part of the divorce judgment. The judgment often determines whether one spouse can continue living in the couple's home after the divorce, whether the spouses must sell the home or other legal related issues.

Warning

• The State Bar of California suggests that a divorcing individual may wish to hire an attorney who can explain California marital property laws, as property division can become a complicated process. Each spouse must submit a list of property as part of California divorce proceedings. A lawyer or accountant may be able to assist with valuation of a family home.