How California courts decide who keeps the house in a divorce: community versus separate property, down payment reimbursement, Moore/Marsden interests, buyouts, sale orders, and deferred sale of home orders.

California is a no-fault divorce state, so an affair does not by itself change property division, support, or custody. But money spent on the affair, a new live-in partner, and how the affair affected the children can matter. Here is what judges in San Bernardino and Riverside County actually look at.

Meta Description: Learn California's community property laws. Understand which assets divide 50/50 and which you keep. Discover why mediation protects your assets better than court. Introduction You're getting divorced, and one of the biggest questions is: Who gets what? California is a community property state. This means that assets acquired during marriage are generally split 50/50. However, assets you brought into the marriage or inherited remain yours. It sounds si

California divides community property equally by default, but spouses can agree to almost any division they want in a written marital settlement agreement. This article explains what counts as community and separate property, how prenuptial and postnuptial agreements change the default, what a transmutation under Family Code section 852 requires, and how an uncontested judgment puts the agreement into effect.