It's not easy to make the choice to divorce. This decision usually comes after a time of contemplation and consideration, and even if you are certain that you want to end your marriage, you may not be sure what this will mean for you going forward. There is often a lot of uncertainty associated with divorce, and you may have many questions about your future.
When people have divorce concerns, they are often about the division of marital property and their financial futures. This is often one of the most complex issues in a divorce, and California couples may not agree over what will happen or how they should divide marital property. If you are facing a divorce, you may want to get some answers to some of your biggest questions before you move ahead.
Addressing your concerns
It's normal to worry about getting a fair property division order and securing a strong future. Getting answers to some of your specific questions may help you understand what to expect from the divorce process and how you can specifically and intentionally pursue your goals.
One of the biggest assets that a couple may have is often the family home. Perhaps you want to stay in your home, or maybe you want to sell the home and move on. Whatever your goals may be, it could be helpful for you to understand the following about real estate and divorce:
- The family home is likely marital property, whether it is in one spouse's name or in both spouses' names.
- While it may be possible to keep the home, it often makes more sense to sell the home. One spouse may be able to buy out the other spouse's share.
- When addressing the sale of a family home in a divorce, the two spouses will probably share the equity from the home.
- If one spouse put money into the house or owned the house before marriage, some or all of the home's value may be separate property – not eligible for distribution.
Deciding what will happen to the family home is often one of the most difficult aspects of divorce. You have the right to fight for what you believe is fair and reasonable, but you do not have to fight alone. When it's your financial future on the line, you may find it beneficial to work with an experienced attorney. With help, you can make smart choices for your future and secure a final order that will allow you to move forward confidently.