What Will You Keep During and After Divorce in California?

If you are facing divorce in California, you may be wondering what happens to your home, your car, your bank accounts—and when. Perhaps you fear being forced out of your house immediately or waking up to find your spouse has drained your joint accounts. The uncertainty can feel overwhelming.

The confusion often stems from not understanding that divorce is not one single event, but actually several.

Asset division happens in distinct phases, and what you have access to during proceedings is different from what you ultimately walk away with after the final judgment.

This guide explains what changes right away, what arrangements apply while your case is pending, and what the final division looks like. Understanding this process helps you protect your rights and make informed decisions throughout your divorce in San Joaquin County, California.

Community vs. Separate Property

• Community Property – Assets and debts acquired during marriage. Divided equally (50/50) in divorce. Examples: Family home bought during marriage, income earned while married, joint bank accounts.
• Separate Property – Assets owned before marriage, after separation, or received as gift/inheritance. Stays with original owner. Examples: Home owned before marriage, inheritance, personal injury settlements.
• Quasi-Community Property – Assets acquired while you lived outside California that would have been community property if acquired in California are treated as community property in a California divorce.

What Changes Right Away After Filing for Divorce?

Filing for divorce does not immediately transfer ownership of anything. California law automatically imposes Automatic Temporary Restraining Orders (ATROs) on both spouses the moment divorce papers are filed and served. These orders protect both parties by maintaining the status quo.

Here is what to typically expect regarding access to the family home:

• Filing alone does not force either spouse to leave the home (exception: domestic violence emergency orders)
• ATROs prevent either spouse from selling, transferring, or encumbering the home without consent or court order
• Neither spouse automatically has exclusive possession based solely on filing
• The court may later issue temporary orders determining who has the right to live in the home during the case

As for your access to money and accounts:

• ATROs prohibit transferring, hiding, or disposing of assets without notice or consent
• Spouses may continue spending money in the ordinary course of life (such as paying routine bills and living expenses)
• Significant or unusual withdrawals, transfers, or financial changes may violate ATROs and require court approval

Finally, the guidelines for accessing your vehicles and belongings:

• ATROs prevent selling, gifting, or transferring vehicles or significant personal property without consent or court order
• Use and possession of vehicles or belongings typically continue as they did before filing, unless a court orders otherwise
• Exclusive use or reassignment of vehicles or personal property requires a temporary court order

These automatic restrictions are limited in scope and are designed only to preserve the status quo. They do not determine who ultimately gets property or who may use specific assets long-term—that authority comes from court-issued temporary orders.

Temporary Orders and What You Use While the Divorce is Pending

Temporary orders are court-issued guidelines determining the use and possession of property until the divorce is finalized. Either spouse can request them. These are not the final outcome—they provide stability during the legal process.

The court may grant one spouse exclusive use of the family home, particularly when minor children need housing stability. This does not determine who gets the house permanently.

The spouse using the home may owe fair rental value (Watts charges) to the marital estate. The spouse paying the mortgage while living elsewhere may receive credit for those payments. These financial adjustments get resolved in the final settlement.

Temporary spousal support may be ordered to maintain the status quo and prevent immediate financial hardship. This only addresses cash flow during proceedings, not property division. Child support is also ordered separately based on custody arrangements and income.

Temporary arrangements typically include:

• Home use – One spouse granted exclusive possession (does not affect final ownership)
• Financial support – Temporary spousal and child support to cover living expenses
• Vehicle and account access – Court assigns who uses which assets temporarily
• Timeline – Orders remain until final judgment (minimum six months, often 12-18 months or longer for contested cases)

These are use arrangements, not ownership transfers. Everything still belongs to the community estate and will be divided permanently in the final judgment.

Final Property Division and What You Walk Away With

Final judgment permanently divides all community property and confirms separate property ownership. This is legally binding and determines what you actually keep. California law aims for equal division of community property—a 50/50 split by value, not necessarily item by item. 

The court considers the date of separation, current asset values, outstanding debts, and any separate property claims. Division can happen through offsets (one spouse keeps an asset while the other gets something of equal value), sale and split of proceeds, or one spouse buying out the other’s share.

The family home is often the most contested asset.

One spouse may keep it by refinancing and buying out the other’s equity. Both may agree to sell and split the proceeds. Or the court may order a deferred sale when minor children need housing stability, meaning the home stays in place until the children are older, then gets sold.

The court weighs children’s needs, ability to refinance, and available assets for offset. For example, if the home has $200,000 in equity, the spouse keeping it owes the other $100,000, paid through cash or offset with retirement accounts or other assets.

Other assets are divided as follows:

• Bank accounts – Community funds split equally; separate property (inheritance, premarital savings) returned to owner
• Retirement accounts – Portion earned during marriage split via QDRO (Qualified Domestic Relations Order)
• Vehicles – Usually kept by the spouse who primarily used them, with value offset if needed
• Personal property – Each spouse keeps items they use; rarely contested
• Debts – Divided equally unless proven to be separate

You keep 100 percent of your separate property if you can prove it stayed separate. This requires documentation—receipts, bank statements, deeds showing when you acquired the asset.

Commingling separate property with marital funds blurs the line, and the burden of proof is on you.

When both spouses want the same asset, San Joaquin County judges consider who can afford to maintain it, children’s stability, earning capacity, and available offsets. Judges prefer negotiated settlements, so demonstrating willingness to compromise helps.

Protecting What Is Rightfully Yours

Property division in California divorce involves complex timing, valuation, and negotiation. The decisions you make during this process can affect your financial security for years to come. Protecting your rights requires both preparation and restraint. 

Start by documenting everything. Create a detailed inventory of assets you acquired before the marriage, as these will need to be proven as separate property if challenged. The more thorough your records, the stronger your position.

Follow all court orders to the letter. Do not hide assets, drain accounts, or violate ATROs—courts impose severe penalties on spouses who act in bad faith. Maintain complete transparency in your financial disclosures. 

Judges remember which party played fair and which did not, and that memory influences their rulings on contested issues.

Before agreeing to any property division, make sure you understand what each asset is actually worth. This means:

• Getting professional home appraisals
• Obtaining retirement account valuations
• Understanding what you are trading away in offset agreements
• Considering the tax implications of keeping certain assets

An attorney who understands the process can protect your interests and prevent costly mistakes. At Bansmer Law, Attorney Erica M. Bansmer has over a decade of experience helping San Joaquin County clients navigate property division.

Whether you are concerned about your home, retirement accounts, or ensuring fair treatment, we provide strategic guidance tailored to your case. Call (209) 474-2400 today to schedule your consultation.

Frequently Asked Questions About Property Division in California Divorce

Can I lose my separate property in a California divorce?

Generally, no—if you can prove the property stayed separate throughout the marriage, you keep it. However, several common mistakes can convert separate property into community property:

• Commingling separate and marital funds in the same account
• Using marital income to pay the mortgage on a home you owned before marriage
• Adding your spouse’s name to the title or deed

For example, if you owned a home before marriage but used joint income to pay the mortgage, a portion of the equity may now be considered community property. Protect yourself by maintaining separate accounts for separate assets and documenting the source of all funds used for major purchases or improvements.

Can I be forced to sell my house in a divorce?

Yes, if neither spouse can afford to buy out the other, and you cannot reach an agreement on your own. The court has the authority to order the sale of community property to achieve equal division. However, there are exceptions and alternatives worth exploring:

• Deferred sale when minor children need housing stability (temporary measure)
• Refinancing so one spouse can buy out the other’s equity
• Offsetting the house value with retirement accounts or other assets
• Negotiating a buyout payment plan over time

Work with an experienced attorney to explore all options before accepting a forced sale. In many cases, creative solutions exist that allow one spouse to keep the home without requiring an immediate cash buyout.

Do child support payments affect what I keep?

No. Child support is calculated separately from property division and is based on income, custody timeshare, and the children’s needs—not on how assets are divided. Receiving or paying child support does not reduce your share of community property. 

However, there is an indirect impact worth considering. Ongoing child support obligations may affect your ability to afford a mortgage buyout or retain certain assets due to reduced cash flow.

For example, if you are paying $2,000 per month in child support, that obligation limits how much mortgage payment you can realistically handle. Property division and support are distinct legal issues, but both affect your post-divorce financial reality.