When can a California divorce judge force a non 50-50 division of assets 6 Answers as of August 12, 2011

I want to move out of a jointly owned house with her. I am aware of the 50-50 community property laws. Still, she tells me that the wife can be awarded the house since she takes care of the kid if I move out to a rental before filing for divorce.

Under what circumstances can she keep the house entirely with no transfer of 50% equity to me. my daughter lives in the house and we both work.

Is it a bad idea for me to buy another condo to live in and then move to it before filing for divorce, because it will create another community asset, and the judge may award the more expensive house to her entirely, while giving me the cheaper condo in the settlement.

Under what circumstances can a California divorce judge force a non 50-50 property settlement. If I had clarity on this, I could move out of the house and start the dissolution process with a peaceful mind.

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The English Law Firm
The English Law Firm | Robert English
The judge can award the home to one party, but it is subject to an equalization payment for the value of the other party's equity. If the party awarded the property cannot do a buyout, then the court could order the property to be sold and divided. These are complicated issues and it is fact dependent.
Answer Applies to: California
Replied: 8/12/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
The court will award you 50% of all community property assets, including the equity in the home. They may defer the sales of the home or if you have property which is equal in value to the home, the court may order that you are given other assets. It is a bad idea to purchase another property prior to filing for the dissolution or prior to the times that you separate as it will create another community asset. You should seek the assistance of an attorney prior to filing your divorce.
Answer Applies to: California
Replied: 8/9/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Where you currently live will not affect the accumulated community property rights you may both have in the house. Some years ago, the courts had the discretion to delay the sale of the home where the primary custodial parent and children lived in the house for a considerable period of time. That approach has been discarded by current law that requires that property should be equally divided and in a timely fashion. If your wife cannot buy your interest out of the family home and you do not want to buy her interest out, then you can file a motion with the divorce petition to list and sell the family home.
Answer Applies to: California
Replied: 8/9/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
The court usually will not divide assets differently than a 50/50 split. The court can delay when you get your share. There can be a delayed sale of the community home. But the court has to give me equal value.
Answer Applies to: California
Replied: 8/9/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
The issue of dividing community property and exclusive use of a residence while a divorce is pending are separate issues. The answer to your questions cannot be described in one or two sentences, plus it would better to get more info. You should consult with a local family law lawyer to discuss your case and develop a plan of action. Good luck!
Answer Applies to: California
Replied: 8/9/2011
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