When going through a divorce, dividing real estate can be complicated. Newport Family Law & Mediation Group has worked with clients throughout Southern California in community property cases involving homes and commercial and investment property. We can examine your situation and discuss all of the potential options. Our goal is to help you make informed decisions so you can feel comfortable moving forward. We will always represent your best interests.
We are a community property state, which means anything acquired during your marriage is subject to division. There are exceptions to this rule, and our attorneys will discuss those exceptions with you. Any real estate you had before your union is considered separate and remains yours. However, if you used community property to make repairs or make mortgage payments, your spouse will be entitled to reimbursement. Your spouse would also be entitled to a share of the property if you refinanced it and added your spouse’s name to the deed.
There are many ways to divide marital property. Both parties might want to sell the home and divide the proceeds. If one spouse wants to keep the house, you might want to see if you can qualify for a new mortgage or refinance your current one. It’s also possible to relinquish possession of other important assets in exchange for your spouse’s share in the marital home. Understandably, if you have children, it makes these choices even harder. We will talk through all of these options with you and determine what will work best for you and your family.
No two cases are the same, and not one answer will work for everyone. Get proper guidance from a knowledgeable attorney today. Call our office in Newport Beach to schedule a free 30-minute consultation at 949-769-7040. You can also fill out our contact form online.