Divorces can be extremely strenuous times emotionally, meaning it is important to find a time and place where you can escape from the turmoil and relax. However, in some cases this is not the marital home. In some circumstances, a spouse may refuse to move out of the family home during a divorce for a number of reasons, but in some cases it’s because they do not want to give up their claim to their possessions.
In Times of Abuse
If you are seeking a divorce from an abusive spouse, whether the abuse is physical or emotional, the first thing you should do is immediately leave the home, and attempt to bring your children with you. The last thing you should do is subject yourself to abuse. If you’re worried about your claim to possessions, it’s important to know that your claim is not impacted directly as a result of you leaving. It’s also worthwhile to attempt to obtain some form of legal protection from your spouse, like a restraining order.
Asset Distribution
California is a no-fault divorce state, which means that as long as you believe your marriage is damaged beyond repair, then you may obtain a divorce regardless of what caused the damage. As a result, actions during the marriage often have little to no bearing on asset distribution or spousal support unless there was actual fraud or a breach of fiduciary duty.
It also has little bearing on how the assets are distributed during a marriage, meaning this will likely be a long and litigious process. A higher-earning spouse is more likely receive fewer possessions and have to pay a monthly alimony , particularly if the couple is older or they have been married longer, reducing the ability of the lower-earning spouse to support themselves after the divorce.
Either spouse can request to keep the family home from the other, but will likely have to forego a number of assets in exchange for doing so or be required to refinance the home to buy out the other spouse.
If you need assistance with the asset distribution process during your divorce, contact the skilled San Diego divorce attorneys at Fair Cadora, APC. Our team of skilled advocates understands the importance a divorce takes in your life, which is why we make sure that you remain in charge throughout the process, and we fight in the most optimal fashion to protect the best interests of you and your family as a whole.
Please call the firm today to schedule a consultation to discuss your options.
