Who Gets the Family Home in a San Jose Divorce?
For many couples in San Jose, their home is more than just a financial asset. It’s filled with memories and emotional significance. Deciding who keeps the family home in a Santa Clara County divorce is often one of the contested issues in property division.
Understanding how California law applies and the options for dealing with a family home in divorce can help protect your rights. Our experienced San Jose divorce lawyer explains what you need to know.
What Courts Consider When Dividing the Family Home in a San Jose Divorce
An October 4, 2025, report by Newsweek ranks San Jose as the country’s most expensive real estate market, with the average home priced at nearly $1.5 million. For married couples, their home is one of their most valuable assets. It is also one of the most potentially contested issues in a San Jose divorce.
California is a community property state. Under the California Family Code, all property or assets acquired or accumulated during the marriage must be divided equally between spouses. However, when it comes to a family home, the court looks beyond deeds or other documents and considers multiple factors to determine what’s fair. The community interest include:
- When and how the home was acquired (before or during the marriage).
- Whether separate (non-marital) funds were used to purchase or improve the home.
- Each spouse’s financial ability to maintain the home post-divorce.
- Whether the couple has minor children and remaining in the home provides stability.
- Whether either spouse wants to keep the home or sell it.
In many cases, the title on the deed doesn’t tell the whole story. If both parties contributed financially or otherwise, there may be a community property interest even if only one spouse’s name appears on the deed or mortgage.
Options for Dividing the Family Home in a San Jose Divorce
If the court determines that your home is at least partly community property, or that the community has some interest, the next step is deciding how to divide it. While there’s no one-size-fits-all answer, there are a few common paths for divorcing couples in San Jose. Options may include:
- One spouse buys out the other’s share and keeps the home.
- You sell the home and split the proceeds.
- You trade other marital property or assets in exchange for the home.
- The home is temporarily awarded to one spouse, often the parent with primary custody, under a deferred sales agreement.
Your home represents significant investments of both time and money. Our experienced San Jose divorce lawyer can evaluate your financial situation, assess the property’s value, and negotiate an arrangement that aligns with your long-term needs.
Protect Your Rights In Property Division. Contact Our Experienced San Jose Divorce Lawyer Today.
Dividing a family home is about more than just square footage and equity. It is about protecting your stability and financial security. Argyris Mah, LLP helps you navigate tough property division decisions confidently.
We protect your rights, explain your options, and help you choose what’s best for you and your family. Contact our experienced San Jose divorce lawyer to schedule a consultation today.
Sources:
newsweek.com/mapped-most-expensive-major-us-cities-home-ownership-buying-house-10825241
leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FAM&tocTitle=+Family+Code+-+FAM
