Award of the Residence

The court will typicall not require a family home to be sold. It will first determine whether the house is community property. If separate property, the court determines that one party owns the home, it will allow that party to buy out the other. If the home is held jointly, the court will allow one party to buy out the other, giving priority to the party who is still living in the residence. If neither party can afford to buy out the other, the house will be ordered sold.

Buying the Residence

In order to be awarded the family residence, one party must buy out the other party's equity in the home. Where both parties are on title, the court will generally require the party who is buying the residence to refinance the property in his or her name only.