Legal Question in Family Law in California

Property Settlement

My spouse is a homemaker and doesn't have significant income (work) outside the home. Just part time (doing taxes). Our two children are 14 and 12.

If we divorce, does she automatically get the home or would the court rule that the home should be sold and divided equally? Or is it a case by case basis.

I know I would of course pay alimony and child support but want the home sold and divided equally.

This is in California.


Asked on 3/13/06, 10:30 am

4 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Property Settlement

The other lawyers seem to have addressed your situation. If you are in Southern California, call me for a free consultation.

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Answered on 3/15/06, 10:08 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Property Settlement

In a general sense, community property is divided equally by both spouses.

For a specific opinion regarding your individual circumstances, 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 California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 3/13/06, 11:42 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Property Settlement

She could buy out your share but in most cases teh house is sold. In any event it is divided equally. Good Luck, Pat McCrary

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Answered on 3/13/06, 12:31 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Property Settlement

Generally it may be true, however, other factors may enter and the parties may agree to division. Call me directly at 16192223504.

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Answered on 3/13/06, 4:40 pm


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