A husband and wife separated after years of marriage. So, the wife believes that both parties should be allowed their own time living in the family home. And this is because both parties are included in the mortgage. In addition to this, their children are adults, so custody is not an issue.
The husband, however, does not agree. What’s more; he rejects the idea of leaving the property, for any period of time.
Charles B. Law, Jr., is a family lawyer. And, according to Charles B. Law, Jr., ‘If they bought it together and maintained it together, it’s marital property and most likely it would be divided 50-50. Most likely, they would be both entitled to live there until the place is sold.’
The husband and wife, as a couple, both own the house. So they need to come to a mutual agreement about the property. And neither spouse can sell it without the other’s permission.
Source: https://www.nytimes.com/2020/08/29/realestate/divorce-keeping-the-house.html
How is property divided in a California divorce?
If couples cannot decide how to divide their property and debts, they need to ask a court to make the decision for them.
California’s community property laws state that marital debts and assets belong equally to both spouses.
What’s more, in the case of divorce, they need to divide the assets and debts accumulated during the marriage equally. So, California Family Code §2581 describes this.
There are three main steps involved in property division. And these are: deciding whether property is communal/separate, agree on community property value, and agreement on methods of property division.
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