Legal Question in Family Law in California
Divorce with children, selling residence
My question is this. When divorcing (with chldren)and selling the only and primary, family residence are the proceeds of the sale divided in half for each spouse or does the spouse that is having physical& legal custody of the children get more?
3 Answers from Attorneys
Re: Divorce with children, selling residence
No. The "community property" which is the house is split 50/50. However, you have rights to spousal and child support. You should hire a local attorney to represent you in the divorce. Good luck and thanks for inquiring.
Re: Divorce with children, selling residence
Community property such as a home purchased during marriage with payments made from community funds is typically, under California law, divided 50/50. You may have entitlement to spousal support and entitlement for child support if children with you. Entitlement re child support based on money's earned by both of you and percentage of time each has kids. Don Holben 800-685-6950
Reply: Divorce with children, selling residence
It is not possible to answer your question based upon the limited amount of facts you have provided. The legal issue is whether the house is community property, separate property, or both.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues including community and separate property at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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