Puja Sachdev | January 16, 2025 | Divorce

The family home often holds significant emotional and financial value. For many couples, it represents years of memories, security, and investment. Deciding what happens to the home can be one of the hardest aspects of a San Diego divorce, especially if children are involved or one spouse wishes to remain in the home. What happens to your home will depend on specific factors involved in your case. Some of the considerations that might apply to whether or not you’ll need to sell the family home are discussed include: 

Whether or Not the Home Is Community Property

California is a community-property state. As such, any property that was acquired during the marriage, earned, or bought with community property is considered to be owned equally by both spouses. Community property is subject to division during divorce. In contrast, separate property, such as property you owned before the marriage or that you received as a gift or subject to the terms of a prenuptial agreement, is not. 

If the house is community property, it might be sold. Otherwise, some other arrangement regarding its disposition will be necessary. If the house is separate property, you are free to do with it what you wish. During the California divorce process, your community property is identified.

How Much the Home Is Worth

The value of your home is a crucial factor in divorce proceedings, particularly if one spouse wants to keep the property. If you receive the house, you may need to exchange other assets of similar value, such as investments or savings. However, if the home is highly valuable, you may not have enough other property to balance the division fairly. In such cases, you may need to seek the expertise of a professional appraiser to accurately determine the home’s market value. An expert evaluation ensures a fair assessment, helping to avoid disputes and ensuring equitable asset distribution.

Whether or Not You and Your Spouse Agree on What Should Happen to the Property

If you and your spouse can agree on what to do with the property, you can ask the court to approve your agreement. If you don’t agree, the court may order the property to be sold as the easiest way to resolve the issue.

Some options for the family home may include:

  • Sell the property: You could list the property on the open market for sale. After paying off the mortgage and any other encumbrances, you and your spouse could split any remaining profit. 
  • Rent out the property: Another option may be to rent out the property. This option may make sense if the market is tough, you need to make extensive repairs, or you want to wait to sell the house until some time in the future. You and your spouse would also need to determine how you would split the rental income and who would be responsible for repairs.
  • Buy out the property: One spouse may be able to buy out the other property in exchange for other community property or by taking out a new mortgage. 

You and your spouse may be able to reach an agreement through negotiations with your lawyers, collaborative divorce, or mediation. These options could help lower the cost of your divorce and help you reach a settlement that best suits your needs.

An experienced attorney from San Diego Divorce Lawyers, APC, can provide tailored legal advice based on your unique situation, guiding you through the complexities of divorce and property division. With over 30 years of experience in family law, our attorneys are equipped to help you understand your rights, explore all available options, and ensure a fair resolution. Contact us today for a free, confidential consultation to discuss how we can assist you.

Contact Our Divorce Law Firm in San Diego, CA. Call us at (619) 866-3756

Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a free consultation.

We proudly serve throughout San Diego County. We are located in San Diego, California.

San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756

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