San Jose, CA asked in Divorce for California

Q: Does the person remainingi the house have to buy the other out?

My wife and I own a home with equity. If we divorce does she have to split the equity with me?

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1 Lawyer Answer
Joseph Torri
Joseph Torri
Answered
  • Riverside, CA
  • Licensed in California

A: The parties can agree to any type of settlement they reach even if it doesn’t comply with California community property division laws, etc. If she doesn’t agree, you may have to split the equity. Determining whether the home is separate or community property is an important issue requiring an in-depth analysis that could factor into division analysis. Consult with a family lawyer.

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