Can a rental property be divided during a divorce?

HomeCan a rental property be divided during a divorce?
Can a rental property be divided during a divorce?

If you don’t own your residence, you and your spouse have probably entered into a rental agreement (a “lease” or “leasehold”). A lease acquired during a couple’s marriage is marital property, which is subject to division during a divorce.

Q. Can I charge my wife rent?

While you are married, you have equal rights to everything marital, including the marital residence. No, she cannot legally charge you rent. She can divorce you though, and the judge would make a decision about who would have to move out, unless you two reached an agreement regarding the residence.

Q. Can a spouse evict another spouse in California?

California Family Code Section 6321 gives a spouse a legal remedy for making another spouse leave a residence or dwelling. It states that the courts can issue an “ex parte order” to exclude a party from the family dwelling, the other party’s dwelling, or the dwelling of the person caring for a child.

Q. Does my husband have to pay the bills until we are divorced California?

Financial Commitments During Marriage While a divorce will ultimately result in the division of all of a couple’s debts and assets, until the finalization of that divorce occurs, both parties can still be held responsible for defaulting on payments.

Q. What happens to property when you file for divorce in California?

When you file for divorce in California, any property you acquired prior to marriage, during your marriage by gift, devise, or bequest, or after the date of legal separation is deemed separate property and will remain legally yours upon the dissolution of your marriage.

Q. What happens to your pension in a California divorce?

Upon cash out, the employed spouse may receive the pension plan in its entirety. Then, the other spouse will receive other community property assets of equivalent total value. Upon divorce in California, you may be entitled to spousal support.

Q. What do you need to know about divorce in California?

If you’re involved in a California divorce, it’s important to understand your rights. Specifically, you should finalize your divorce with a fair and even arrangement of property under California’s community property laws.

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Division of Assets Illustrated, How Assets are Divided in Divorce

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