What Happens to the Family Home in a Cerritos, California Divorce?
When you’re going through a divorce in California, one of your biggest concerns is probably what happens to your family home. Will you get to keep it? Will you have to sell it? How does the court decide who gets what?
Your home is likely your most valuable asset, and understanding how California law treats it can help you make better decisions about your future.
California is a community property state. That means that homes purchased during marriage are split 50/50 between spouses during divorce. However, things get more complicated if one spouse owned the home before marriage, or if separate funds were used for the down payment or mortgage payments.
The reality is that determining whether a home is separate or community property can be complicated, especially when separate property becomes mixed with community funds. You might face a buyout, forced sale, or other arrangements depending on your specific situation.
Getting clear answers about your home’s status isn’t something you should guess about. A qualified Cerritos divorce attorney at RM Law Group LLP can analyze your situation, protect your rights, and help you understand all your options before making any major decisions.
How California Courts Classify Your Home
California Family Code defines community property as anything acquired during marriage. This includes homes purchased while married, even if only one spouse’s name is on the deed. The court looks at when you bought the house, not who signed the mortgage.
If you owned the home before marriage, received the property as an inheritance, or acquired it after separation, the courts will treat your home as separate property.
When Things Get Complicated
Your Cerritos home might fall into a gray area if separate and community funds got mixed together. This happens when you use money from both sources to buy or improve the property. Family Courts in Los Angeles County use specific formulas to figure out how much of the home belongs to each spouse.
For example, if you owned a home in Cerritos before marriage and then used community funds to pay the mortgage, part of that house might become community property. The court will calculate what portion belongs to the community estate.
What Are Your Options for the Family Home?
Option 1: One Spouse Keeps the House
The most common solution is for one spouse to buy out the other’s share. This means getting the home appraised and calculating each person’s equity. If your Cerritos home is worth $800,000 and you owe $300,000, the community equity is $500,000. Each spouse would be entitled to $250,000.
The spouse keeping the house can:
- Refinance to pay out the other spouse
- Trade other assets of equal value
- Use cash from savings or retirement accounts
Option 2: Sell the Home and Split Proceeds
Sometimes selling makes the most sense, especially if neither spouse can afford the mortgage by themselves or if they can’t agree on the value of the home. In some cases, both parties want to move out and get a fresh start in life. When this is the case, selling the home becomes the best option.
Los Angeles County real estate markets can help determine if this is your best option. A forced sale through the court takes longer and costs more than selling together.
Option 3: Continue Co-Owning Temporarily
Some couples keep the house jointly for a short time, especially when children are involved. One spouse might live there while the other moves out, with specific rules about:
- Who pays the mortgage and maintenance
- How long will this arrangement last
- What happens if someone wants to sell
This option works best when you can communicate well and have clear written agreements.
Factors That Affect Who Gets the House
Los Angeles County courts often consider which parent has primary custody. Keeping kids in the same school district and neighborhood can be important for their stability. However, the parent keeping the house must prove they can afford the payments.
Courts will also look at each spouse’s income and debts. If you can’t qualify for a mortgage refinance or afford the monthly payments, the judge might order a sale instead of a buyout.
Steps to Protect Your Home During Divorce
Start by gathering important documents:
- Original purchase agreement and deed
- Mortgage statements and payment history
- Records of improvements made during marriage
- Evidence of separate funds used for the down payment
Get a professional appraisal to establish the current market value. This prevents arguments later and helps both sides make informed decisions.
Consider mediation before going to court. Many couples in the greater Los Angeles area resolve property issues through mediation, which costs less and moves faster than litigation.
Contact Our Cerritos Divorce Attorneys to Protect Your Family Home
Property division in California divorce cases requires careful analysis of your specific situation. An experienced family law attorney can review your documents, explain your rights, and help you negotiate the best outcome.
Whether you’re in Cerritos, Bellflower, or anywhere in Southern California, our lawyers can hep you make the best decision about your family home during a divorce. Call RM Law Group today at 866-706-3160 for a free consultation about your divorce case.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
