A major issue – often times the biggest issue – in divorce cases is the marital home. Who is allowed to stay in the home during the divorce process? Who will pay the mortgage payments on the home during the divorce process? Will payments made on the mortgage during the divorce process be reimbursable? What will the disposition of the marital home be once the divorce is finalized?
In California, intended spouses may contract with one another on a variety of issues. California Family Code section 1612 lays out a list of these issues very clearly, which includes property rights, management and control of property, disposition of property upon certain events, estate-planning rights, life insurance ownership rights, and choice of law rights.
Does your job allow for a significant amount of overtime? Or do you work overtime on a consistent basis? Is your ex-spouse trying to include the overtime pay as a part of your income for the purpose of determining an order of support? Per California Family Code, the determination of “income” is very broad.
After a divorce, many people find themselves looking for a new home. In order to make sure you qualify to purchase a home after your divorce is finalized, it is important to keep your “home buying goal” in mind during settlement discussions or negotiations.