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Divorce Month Surge: What to Know

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  Published in House and Home on Monday, February 16th 2026 at 2:13 GMT by Orange County Register
      Locales: California, UNITED STATES

Monday, February 16th, 2026 - As we move further into February, family law professionals continue to observe the annual uptick in divorce filings that earn the month the moniker 'Divorce Month.' While the romantic veneer of the holiday season often encourages couples to temporarily suppress underlying issues, the new year frequently brings a renewed sense of urgency and clarity, leading many to confront and ultimately dissolve their marriages. A significant point of contention in these separations is invariably the family home - a place filled with memories, equity, and often, complex emotional attachments. This article delves deeper into the issues surrounding home ownership during divorce, particularly within the context of community property states like California, and offers guidance for navigating this challenging process.

The 'Divorce Month' Phenomenon: Beyond the Festivities

The surge in divorce filings following the holidays isn't merely anecdotal. Psychologists suggest several factors contribute to this trend. The financial strain of gift-giving and travel can exacerbate existing tensions. Moreover, the increased time spent together during the holidays often amplifies unresolved conflicts. The pressure to present a 'perfect' family image can also delay confrontations until after the festivities have passed. The fresh start promised by a new year is another powerful motivator, encouraging individuals to make difficult decisions and pursue a different path. Understanding these underlying reasons can help both individuals contemplating divorce and the professionals assisting them.

Community Property and the Family Home

In states adhering to community property laws - a designation covering states like California, Washington, Texas, Nevada, Arizona, New Mexico, Louisiana, Idaho, and Wisconsin - any assets acquired during the marriage are generally considered equally owned by both spouses, regardless of whose name is on the title. This is particularly relevant for the family home, typically the most substantial asset a couple possesses. While equal division is the standard, it's not always absolute. Significant contributions beyond standard household expenses can influence the outcome.

Disentangling Equity: Options for Dividing the Home

Several pathways exist for resolving the issue of the shared home during a divorce. Each option carries its own financial, legal, and emotional implications:

• Sale and Equal Division: This remains the most common and frequently simplest solution. The property is placed on the market, sold at a fair market value, and the proceeds are divided equally between the spouses (or according to a pre-agreed upon or court-ordered percentage). While straightforward, it requires both parties to agree on a listing price, handle showings, and ultimately relinquish their ownership of the property, which can be emotionally difficult.

• Buyout: One spouse can purchase the other's share of the equity. This involves refinancing the mortgage to secure funds to cover the buyout amount. This is attractive to the spouse who wishes to remain in the home, but requires sufficient financial resources and creditworthiness to qualify for a new or modified loan. Determining a fair market value for the buyout is critical, often requiring independent appraisals.

• Co-Ownership (and its Pitfalls): While possible, continuing to co-own a property after divorce is generally discouraged by legal professionals. It necessitates ongoing communication, shared financial responsibility, and a legally binding co-ownership agreement. Disputes over maintenance, repairs, and future sale can easily arise, creating further conflict. It's most often considered temporarily, perhaps until children reach a certain age or graduate from school.

• Offsetting with Other Assets: Sometimes couples can agree to an unequal division of the home's equity if it's offset by other assets. For example, one spouse might receive a larger share of the home's equity while the other receives a larger share of retirement accounts or other investments.

Key Factors Influencing the Decision

Beyond the logistical options, several key factors shape the ultimate outcome:

• Financial Capacity: Each spouse's ability to afford the buyout, secure financing, or maintain mortgage payments is paramount.
• Child Custody Arrangements: The need for a stable home environment for children often weighs heavily in the decision. The parent with primary custody may have a stronger claim to remaining in the home.
• Emotional Significance: While not strictly a legal factor, the emotional attachment to the home can significantly impact negotiations and willingness to compromise.
• Tax Implications: Selling a home can trigger capital gains taxes. Buyouts also have tax implications that need to be considered.

The Importance of Legal Counsel

Divorce involving real estate is rarely simple. Navigating community property laws, determining fair market value, negotiating buyout terms, and ensuring all documentation is legally sound requires the expertise of a qualified family law attorney. Seeking legal advice early in the process can protect your rights, ensure a fair outcome, and minimize potential future conflicts. A proactive and informed approach is crucial to successfully resolving this complex issue during a difficult time.

Disclaimer: This information is for general guidance only and does not constitute legal advice. Consult with an attorney for advice regarding your specific situation.