Property Division FAQs

This is negotiable, but it should be a consideration if one parent has to buy all new furniture, beds, etc. for the kids in a shared custody arrangement.

The house is community property and the spouse who made the down payment most likely “gifted” the property to the other spouse.

You can agree that the party living in it pays for everything under a certain amount such as $100. Any other repairs are split 50-50 and can be reimbursed at the sale. It might be wise to purchase a home warranty to prevent any unexpected expenses.

You will have to file a motion to ask the court for exclusive use of the home. This is discretionary with the Judge and will likely take a month or more to get a hearing; usually this is part of a temporary orders hearing. If you both own the house, maybe you can negotiate this move. Once one person moves out, the leaving spouse should not come and go in the house without permission of the other spouse. Some judges consider the “leaving spouse” as moved out of the house until further court order.

Quite possibly, but while disclaimer deeds are valid, there can be suspect issues. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. A court will want to know if she was represented by counsel and how much she understood about that she was doing. And again, there is the equitable lien issue as outlined above.

The house most likely remains your sole and separate property but your spouse has an equitable lien on the house for the community effort put into the house during the marriage that increased its value. You may want to consult an attorney.

The house is community property and the spouse who made a down payment may have “gifted” the property to the other spouse. Some courts will award the spouse a return of the down payment and then split the net equity.

This is no different than if you were together. You have the same problems and issues as if you were together (divorce just makes it more difficult). The mortgage company expects both of you to pay. If there is a deficiency judgment because of a line of credit, the creditor will look to both of you to pay, no matter what your divorce agreement says.

During the divorce process, the court will usually attempt to keep the things the way they presently are when it comes to the day-to-day operations of a family business. A business valuation expert can assess the value of the business during the pendency of the divorce matter. The court, with the input from the business valuation expert, will determine the value of the family business. The spouse that is ultimately awarded the business may be required to pay the other spouse that individual’s share of the business. That amount is normally one-half of the value assigned to the family owned business. You should consult an attorney for this matter.