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California Law - Allowing One Spouse and Children to Reside There If it is economically feasible, considering the size of the mortgage, insurance, maintenance, and taxes, the court may defer the sale of the home, for the benefit of any children. This situation arises where the spouse who is leaving has some ownership in the home, either as community property, or as separate property. The court may determine which spouse pays the maintenance and capital costs of the house in the interim, although usually it is the spouse who lives there. In that case, the court may change the nature of the title. The title change has the effect of saying that, if one party should die, the party's ownership share passes to that party's heirs, and not to the other party. Section 3801, 3806. Cases: Stallworth (1987) 237 Cal Rptr 829, 192 CA 3d 742 (1987) (change nature of title at divorce).
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top California divorce law page. Click here for the California divorce legal table of contents. | |||||||||||||||||||||||||
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