In California, each spouse or partner owns one-half of the community property. And, each spouse or partner is responsible for one-half of the debt. Community property and community debts are usually divided equally. You may have more community property than you realize.

Can a divorced couple own the same house?

California Property Division Laws This includes the family home. Under California’s community property laws, each spouse has the right to an equal share of community property as well as community debts. When a divorce case goes to a judge to decide, he or she will split all community property down the middle.

Can a couple still jointly own a house after a divorce?

If you are no longer married you can still jointly own property together, but you cannot jointly own property through tenancy by the entirety. Once your divorce is final, all of your creditors (and, more importantly, all of your former spouse’s creditors) can attach judgments to your home.

Can a former spouse make a claim after divorce?

Without this protection, potential claims can be made by a former spouse even many years after divorce. If you would like to discuss this or any other divorce and family law matter, please contact Janine Hutson on 01772 258321, or at [email protected]

Can a former spouse force the sale of my marital home?

My former husband has now told me that my property must be sold and he wants half of the proceeds of the sale. I had understood that when we were divorced and he transferred the property to me that this would be in final settlement, although we did not record this in writing. The property is now worth £200,000 and is mortgage free.

How does a divorce affect a joint home loan?

“All co-borrowers have a collective responsibility, for timely payment of monthly instalments of the joint home loan. Default in the joint home loan, due to unforeseen incidents like divorce, death, medical condition, job loss of the borrower, etc., makes the other co-borrowers liable to ensure the servicing of the loan on time.