Thomas Law OfficesCompassionate Guidance. Powerful Legal Advocacy.
Call Today For a Free Consultation
LA 818-538-8637 OC 949-342-8426
Practice Areas

Who gets the house in a divorce?

Dividing assets in a California divorce can get complicated when you own a home together. You are both liable for the mortgage, and the bank will not care that your marriage is ending. It focuses solely on getting its money. Since the mortgage is in both of your names, you have to figure out a solution to satisfy the mortgage as part of the process of dividing your assets.

According to Time, there are a few different options you have to handle your home in a divorce. It really comes down to what makes the most financial sense. However, emotions can get in the way, making the process more difficult.

Ideally, one of you, most likely the one who will keep the children full-time, will get the home and be able to continue living there. To make this happen, you would need to either agree to continue paying the mortgage together and both remain liable for it or one of you would have to buy the other's share of the home and refinance the mortgage in just your name. This is often difficult to do.

Another options is to just sell the home. Selling is a good idea if your home has equity. You can sell it and split the profits. This is the easiest option most of the time unless the housing market is not good and the home does not sell quickly.

You could also both continue to share the home. This does not work in most cases for obvious reasons, but it is always an option to consider if you cannot sell or refinance.

Regardless of which option you choose, something must be done with the home. The mortgage must be paid, and the court cannot change the mortgage agreement. This information is for education and is not legal advice.

No Comments

Leave a comment
Comment Information

Woodland Hills Office
21800 Oxnard Street
Suite 850
Woodland Hills, CA 91367

Toll Free: 818-538-8637
Phone: 949-342-8426
Map & Directions

Newport Beach Office
620 Newport Center Drive
Eleventh Floor
Newport Beach, CA 92660

Toll Free: 949-342-8426
Phone: 949-342-8426
Map & Directions

  • Best Attorney in the Valley!

    Kendra Thomas is one of the best attorneys I have ever worked with. Kendra and her team at Thomas Law Offices are compassionate and able to get to the heart of the matter. Not only can she quickly take in information, she can also think outside of the box to implement an effective game plan…. - Joseph, a Corporate client

  • Amazing Family Law Advocate!

    Kendra is a very thorough attorney. She paid great attention to detail. She is a pitbull in the courtroom and received compliments from the judge. We won a majority of our motions. I found her to be reasonable and understanding. I highly recommend her!- William, a Divorce client (5 star review)

  • One of the Best Advocates Around!

    I had a complicated case with a lot of assets. We had a business to divide and could not make heads or tails of it. My previous
    attorney messed up the case. However, when we found Thomas Law, the attorney was able to get to the bottom of how our assets should be divided.
    When Ms. Thomas presented the case, the judge realized that she knew her stuff. I had a very good experience with this firm.- Mae, a Family client (5 star review)

  • Competence! The Best Family Law Attorney Around!!

    When I first came to Kendra, was in a panic state. However, after meeting Kendra, I panic no more. I was in a case, where I was being worked “real good”, with an ex who is relentless with absolutely no morals. However, after being in the courtroom with Kendra, I do not believe that he will ever take me back to court. We got everything we wanted. Kendra knew what to ask and how to strategize the case. I would HIGHLY recommend Kendra to anyone involved in a high conflict divorce and/or child custody dispute.- Sharon, a Family client (5 star review)


    I am so grateful to have found Attorney Kendra Thomas to help me through a difficult divorce. She was amazing in getting me the justice I deserved. I have never heard of an attorney that returns calls promptly however Ms. Thomas and her assistant return calls in the same day. She is brilliant both in her intellect and strategy. I will continue to use her in ANY legal matter I am engaged in.- Mary, a Family client (5 star review)

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy