San Jose Real Estate Settlement Lawyers
Divorce Attorney for Dividing Homes and Assets in Campbell, Cupertino, and Throughout the Bay Area
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, LLP, our San Jose divorce and real estate attorneys 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 in a California Divorce?
Many California homes are partially community property and partially separate property. Real estate property would be considered 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 an experienced San Jose divorce and real estate 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 has 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, LLP has extensive experience in the valuation and identification of community and separate property in divorce and domestic partnership dissolution. Our San Jose divorce and real estate attorneys focus on the protection of all of our clients' rights and interests throughout the divorce process and afterwards.
Contact a Los Gatos Property Settlement Lawyer
For a consultation with a San Jose divorce and real estate attorney at the Dominion Law Group, LLP, call 408-288-5592 or contact us online.