Property Division and Divorce in California
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During discovery, the marital home will be examined. Examination will include:
- Name on the deed of the house. Usually the marital home includes the name of both parties on the deed. However, in some cases the deed includes only one member of the marriage.
- The value of the home.
- The child or children’s emotional attachment to the home (school district, friends etc.)
- Amicability of selling the home and distributing the value.
During the temporary divorce proceedings, an Automatic Temporary Restraining Order is automatically enforced. This order makes it illegal for either party to sell or make serious modifications to the marital home.
During the divorce proceedings, one party may request the home during the property division portion of your divorce. The member of the marriage who is considering living in the martial home should consider the impact this decision may have on the temporary and finalized spousal support payments. During the divorce proceedings, the parties may also agree to sell the marital home, buy one another out or split the debt on the marital home.
If there are additional properties or homes, these will also be considered and distributed during divorce proceedings. It is common for one party to receive the marital home while the other party received the additional properties or homes.
Debts & Credits
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