San Jose Real Estate Settlement Lawyer

For most couples, their house is their single largest asset. In a property settlement in a divorce, the community property interests and the separate property interests must be identified, and a fair and practical disposition of the property must be accomplished.

At the Dominion Law Group, we help achieve fair and equitable property settlements involving all types of real estate, including houses, vacation homes, timeshares, and investment property.

Who gets the house?

Many California homes are partially community property and partially separate property. It would be partially separate property if:

The down payment was a gift or loan from either party's parents

One party owned the home prior to marriage or used savings accrued prior to marriage to purchase the home

It is important to consult with an experienced family law attorney to help sort out community and separate property interests in the home. Once the community interest in the house has been determined, it must be divided. Generally this means that one party may buy the other party's interest in the house, or the house may be sold, and the proceeds divided according to the community and separate property interests.

In the past, if there were young children, the family court might delay a sale of the home until the youngest child had turned 18 or moved out of the home. However, except in extreme circumstances, courts are unlikely to defer a sale of the home but instead require that the property be sold and the proceeds divided at the time of divorce.

The Dominion Law Group has extensive experience in valuation and the identification of community and separate property in divorce and domestic partnership dissolution. Our lawyers focus on the protection of all of our clients' rights and interests throughout the divorce process, and afterwards.

For a consultation with a San Jose real estate settlement lawyer at the Dominion Law Group, call (408) 288-5592, or contact us online.