What Is the Process? How Does the Court Divide Property in a Divorce?
The process in Family Law Divorces is as follows: • Identify and Preserve Property. • Characterize the nature of the Property as Community Property or Separate Property. • Equal Division of Assets and Debts. How does the Court divide the family residence? In most divorces the family home, the family residence is the only major asset. California Law provides for several different scenarios in how the home should be divided, (i.e.,) sold, with an equalization payment to the other spouse, or sold to a third party, with a division of the profits, or kept to keep custodial parent with the minor children in the home, to maintain stability of the minor children’s life. 3. When the Family Residence Was Owned by One Spouse Prior to the Marriage? Example One: The family residence was owned by one spouse prior to the date of marriage. The family home is separate property owned only by that spouse. 4. When the Non-owning Spouse of the Family Residence Pays for the Mortgage and Invests and Builds I
