San Diego Property Division Lawyer
In a divorce action, the biggest issue in most property division negotiations revolves around what will happen to the marital home if it is in both spouses' names. Who gets the house in a divorce used to be question that most couples had difficulty resolving because both would want the house or the equity in the primary residence. However, today in California, that is not the case.
Due to the recent home crisis, many couples argue over the house because no one wants it and it is not worth anything. In many cases, people are underwater on their homes, which means that they owe more on the mortgage than what the home is now worth. If you find yourself in this situation or have other questions about who gets the house in a divorce, contact the law office of Anthony C. Starks today toll free at 866.606.5094 or locally at 619.573.6162 to arrange your consultation.
Not only am I a San Diego divorce attorney with more than 25 years of experience, but I also have a real estate broker's license. This provides me with a lot of additional theoretical and legal knowledge that I can apply to your unique set of circumstances.
If the House Still Has Equity
In cases where the house still has equity and the parties can afford to keep the marital home, I can help negotiate if a sale of the property should take place and how the division of the proceeds will be split. I can also help structure a settlement involving one spouse buying out the other spouse's interest in the property.
What if the House Is Now a Debt and No Longer an Asset?
In other situations, where the house is now more of a burden than an asset, I can help parties figure out how they will share the responsibility of the debt associated with the property. In certain situations, it may even be advantageous to try and keep the property because your credit rating is already severely damaged. I will carefully analyze the facts and present you with all of the options surrounding your home and what can be done with it within the context of your divorce filing.
Although you can find more information about divorce and property division here on the website, the best way to address your concerns is to contact me online today or call 619.573.6162 or 866.606.5094. Also, please recognize that the information on this site is very general and should not be taken as legal advice.