One of the biggest questions to be asked during the divorce process is, “Who gets the family home?” Should the wife or husband get it or should it be sold and the proceeds split?
Keep in mind that property, such as this family house, acquired during the marriage is community property and each spouse is entitled to his and her own share.
In many cases the wife wants to keep it for the children. After all, they were all born in that house. This is the only home they have known. Another question arises, “Can she afford to keep it?” It is important to consider the financial and legal realities of keeping the house. Housing costs are more than just paying the mortgage and property taxes. What about utilities, repairs, insurance, etc.?
If you find yourself in this situation, it is important to consult with an experienced Orange County Family Law attorney before you do anything you might regret down the road. Your attorney can advise you about the specifics of your case, the options available, and make sure your interest in the family home is secured.
