Q: How can I get my portion of the house paid out since my husband still wants to live there.

A: Please get in touch with a family law attorney to discuss the details of your matter. You must file for a division of assets and debts and obtain a judgment.

A: If you and your husband own the house together and you want to get your portion of the house paid out, there are a few different options you can consider in California:

Sell the house and split the proceeds: One option is to sell the house and split the proceeds between you and your husband. This can be done through a real estate agent or a private sale.

Refinance the house: Another option is for your husband to refinance the house in his name only and take out a loan to pay you your portion of the equity. This would allow him to continue living in the house while you receive your share of the value.

Buyout agreement: You and your husband can negotiate a buyout agreement, which outlines the terms for him to buy out your share of the house. This would involve determining the current value of the house and agreeing on a fair price for your share of the equity.

Here are a few relevant sections of the California Family Code that address property division in divorce cases:

Family Code Section 760: This section establishes the presumption that all property acquired during the marriage is community property, which means it is owned equally by both spouses and should be divided equally in a divorce.

Family Code Section 2550: This section requires that the court must divide the community estate equally between the parties, unless they agree otherwise. This means that in a divorce case, the court will divide all community property equally between the spouses.

Family Code Section 2581: This section provides that a party is entitled to reimbursement for contributions to the acquisition of property, such as down payments or mortgage payments, made with separate property, and for any other separate property used to acquire the community property.

Family Code Section 2640: This section establishes a presumption that a contribution of separate property to acquire community property entitles the contributing spouse to reimbursement for the separate property contribution.

It's important to note that property division in a divorce can be a complex issue, and the application of these laws may vary depending on the specific circumstances of each case. It's always a good idea to consult with a qualified family law attorney for guidance on your particular situation.