Monthly Archives: June 2026

jointly owned real estate
California Divorce, Property Division, Property Division

Property Divisions with Jointly Owned Real Estate

Dividing property is one of the most challenging aspects of any divorce, but when jointly owned real estate is involved, the process can become especially complicated. In California, where property values are often high and real estate is frequently a couple’s most valuable asset, understanding how to divide jointly owned property is critical for both parties.

Working with a Certified Family Law Specialist like Judy L. Burger can help you navigate this complex process.

Jointly Owned Real Estate: Why It’s Complicated

California is a community property state, which means that most property acquired during the marriage is considered community property and must be divided equally in a divorce. Real estate—including the family home, vacation homes, or investment properties—often falls into this category.

However, several factors can make dividing jointly owned real estate particularly challenging:

  • Mixed Ownership: Sometimes, one spouse owned the property before marriage, or used separate funds for a down payment or improvements, creating a mix of separate and community property interests.
  • Market Conditions: Selling real estate can take time, and fluctuating market values can affect the timing and fairness of a sale or buyout.
  • Emotional Attachments: The family home often has significant sentimental value, making negotiations more difficult.
  • Mortgage and Debt Issues: Outstanding mortgages or liens must be addressed, and both parties may be liable for joint debts.
  • Tax Implications: Capital gains taxes or property reassessment can result from a sale or transfer of ownership.

How Jointly Owned Real Estate is Divided

Under California law, the goal is to achieve a fair, but not necessarily equal, division of community property, including jointly owned real estate. For real estate, this can be accomplished in several ways:

  1. Sell the Property and Split the Proceeds: This is often the simplest solution, but it may not be practical if the market is unfavorable or if children are still living at home.
  2. One Spouse Buys Out the Other: One party may keep the property by paying the other their share of the equity. This may require refinancing the mortgage to remove the other spouse’s name.
  3. Deferred Sale or Co-Ownership: In some cases, ex-spouses agree to continue co-owning the property for a period, often until the youngest child reaches a certain age, after which the property is sold, and proceeds are divided.
  4. Trade-Offs with Other Assets: Jointly owned real estate can be awarded to one spouse in exchange for other valuable assets, such as retirement accounts or investments.

Recommendations for Dividing Jointly Owned Real Estate

Every method has pros and cons, and what’s best for one family may not work for another.

  • Obtain a Professional Appraisal: An accurate valuation is essential for fair division. Consider hiring a neutral appraiser agreed upon by both parties.
  • Assess Mortgage and Debt Obligations: Ensure both parties understand their responsibility for any outstanding mortgages, liens, or property taxes.
  • Consider Tax Implications: Work with a tax advisor to understand potential capital gains taxes or other liabilities resulting from a sale or transfer.
  • Explore All Options: Selling isn’t the only path. Consider creative solutions, such as a deferred sale or an equity swap for other assets.
  • Work With a Certified Family Law Specialist: Dividing real estate is complex, and mistakes can be costly. Professional guidance can protect your interests and help you avoid common pitfalls.

Why Choose a Certified Family Law Specialist?

Judy L. Burger is Certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. This elite recognition means she has:

  • Demonstrated extensive experience in complex family law matters
  • Passed a rigorous exam and peer review
  • Maintained a high standard of ethics and professionalism
  • Completed ongoing legal education to stay current with changing laws

For clients, this translates to:

  • Expertise in high-value and complex property divisions with jointly owned real estate
  • Strategic negotiation and skilled courtroom advocacy
  • Personalized solutions for your unique situation
  • Peace of mind during a stressful time

5 Jointly Owned Property & Divorce FAQs

1. What happens if we can’t agree on what to do with our house?
The court can order the property sold and the proceeds divided if the parties can’t reach an agreement.

2. Can my spouse force me to sell the house in a divorce?
If the property is community property, either spouse can request a sale. The court may grant it if a fair division cannot be reached otherwise.

3. What if one spouse contributed separate property to the home?
They may be entitled to reimbursement of their separate contributions, but the rest of the property’s value is likely to be split equally.

4. Do we have to split every asset 50/50?
Not every asset must be divided in kind, but the total value of community property should be divided equally.

5. Can we keep co-owning the home after divorce?
Yes, but co-ownership after divorce is complex and requires clear agreements about expenses, responsibilities, and when the property will be sold.

Take the Next Step with The Law Offices of Judy L. Burger

Property division—especially when jointly owned real estate is involved—can have long-term financial and emotional consequences. The Law Offices of Judy L. Burger can help you make informed decisions, protect your interests, and achieve a fair outcome. As a Certified Family Law Specialist, Judy L. Burger is uniquely qualified to handle even the most complex property division cases in California.

Schedule your confidential consultation today and take the first step toward a secure future.

New Spouses and Child Support Agreements
Child Support

New Spouses and Child Support Agreements

Remarriage is a new chapter in life—a time for hope, blended families, and new beginnings. However, for parents with existing child support agreements, tying the knot again raises important questions about how a new spouse might affect child support obligations. In California, the law sets clear rules on this issue, but the nuances can be confusing for both paying and receiving parents.

How Does Remarriage Affect Child Support in California?

California family law recognizes the importance of supporting children after a divorce or separation. Child support is calculated based on the income of the child’s biological or legal parents, the amount of time each parent spends with the child, and other relevant factors.

But what happens when one or both parents remarry?

The General Rule: New Spouse’s Income Is Not Included

In most cases, a new spouse’s income is not directly factored into child support calculations. California Family Code Section 4057.5 specifically states that only the income of the child’s parents is considered when determining support. This is true whether you are the paying parent (obligor) or the receiving parent (obligee).

Exceptions: When New Spouse’s Income Might Matter

While the general rule is clear, there are some exceptions:

  • Extreme Hardship or Unusual Circumstances: If a parent claims they cannot pay support due to hardship (such as a job loss or medical emergency), the court may look at the household’s overall financial situation, including the new spouse’s income, to assess the claim’s validity.
  • Attempts to Hide Income: If a parent is intentionally underemployed or hiding income and relying on a new spouse’s financial resources, the court may “impute” income to that parent and consider the new spouse’s support indirectly.
  • Modification Requests: If either parent seeks to modify an existing child support order, remarriage alone is not grounds for a change. However, a significant change in income or household circumstances—sometimes resulting from a new marriage—may justify a review.

New Children and Blended Families

Having additional children with a new spouse may also affect support. California courts can consider the needs of subsequent children if a parent seeks a modification, but the interests of children from the prior relationship remain the priority.

Recommendations for Parents Considering Remarriage

Here are some key recommendations to consider before getting married again:

  1. Review Your Child Support Order: Understand your current obligations and rights before remarrying. If your financial situation changes, consider whether a modification is appropriate.
  2. Be Transparent About Financial Changes: If your income changes after remarriage, document everything. Transparency helps avoid disputes or allegations of hiding assets.
  3. Communicate with Your Co-Parent: Changes in household composition (like a new spouse or stepchildren) can impact day-to-day life. Open communication may ease transitions for your children and co-parent.
  4. Don’t Rely on Your New Spouse’s Income: Legally, the responsibility for child support remains with the biological or legal parents. Your new spouse is not required to pay support for children from your prior relationship.
  5. Consult a Family Law Specialist: Laws and court practices can be complex. An experienced attorney can help you understand your rights, avoid pitfalls, and modify orders when necessary.

Why Choose a Certified Family Law Specialist?

Judy L. Burger is Certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. This esteemed credential means she has demonstrated extensive experience, passed a challenging exam, and is highly regarded by judges and peers for her expertise in family law.

Clients benefit from:

  • Expert guidance on complex child support and remarriage issues
  • Up-to-date knowledge of California family law
  • Personalized strategies tailored to your unique family situation
  • Professional, ethical, and dedicated representation

5 Remarriage & Child Support FAQs

1. Will my new spouse’s income increase my child support payments?
No. California law generally excludes a new spouse’s income from child support calculations, with rare exceptions for extreme hardship or bad faith.

2. Can my child support order be changed just because I remarried?
No. Remarriage alone does not justify a modification. A substantial change in income or circumstances is required.

3. Do I still have to pay child support if my ex remarries?
Yes. Your obligation to support your child is independent of your former spouse’s marital status.

4. Can my new spouse be held responsible for my child support debts?
No. Only the child’s legal parents are responsible for support. Your new spouse is not liable for past or future support payments.

5. What if I have more children with my new spouse?
The court may consider your obligation to support new children if you seek a modification, but your responsibility to your existing children comes first.

Take the Next Step with The Law Offices of Judy L. Burger

Navigating child support and remarriage can be challenging, but you don’t have to go it alone. The Law Offices of Judy L. Burger offer skilled guidance and advocacy to protect your interests and your children’s well-being. As a Certified Family Law Specialist, Judy L. Burger is uniquely qualified to help you resolve complex family matters with clarity and confidence.

Schedule a confidential consultation today to discuss your situation and secure your family’s future.

Gray Divorce and Spousal Healthcare Concerns
California Divorce, Property Division

Gray Divorce and Spousal Healthcare Concerns

As the baby boomer generation ages, a growing number of couples are deciding to end their marriages later in life—a phenomenon known as “gray divorce.” In California, gray divorce presents unique legal, financial, and emotional challenges, especially when it comes to healthcare needs and coverage. For couples who have spent decades together, navigating this transition requires careful planning and expert legal guidance.

What is Gray Divorce?

Gray divorce refers to the dissolution of marriage between spouses aged 50 and older. According to national studies, the divorce rate among this demographic has doubled in the past 30 years. In California, gray divorce is increasingly common due to longer life expectancies, evolving personal goals, and changing societal norms.

Common reasons for gray divorce include:

  • Growing apart after children leave home
  • Differing retirement or lifestyle plans
  • Financial disagreements
  • Desire for independence or personal fulfillment

While divorce at any age is complex, gray divorce adds considerations such as retirement income, asset division, and, critically, healthcare.

Healthcare Concerns in Gray Divorce

Divorce later in life can cause significant healthcare concerns for both spouses. Here’s how:

1. Loss of Health Insurance Coverage

Many married individuals rely on their spouse’s employer-sponsored health insurance. After a divorce, a spouse may lose access to this coverage, potentially facing high premiums or gaps in care until they can secure new insurance.

2. Pre-existing Conditions and Age

Older adults often have pre-existing health conditions or higher healthcare needs. Finding affordable coverage can be more difficult, and Medicare eligibility may not begin until age 65—leaving a coverage gap for some.

3. Increased Medical Costs

Single individuals may face higher out-of-pocket medical expenses. Chronic conditions, prescription costs, and the need for long-term care can strain finances, especially if one spouse was previously the primary earner.

4. Long-Term Care Planning

Gray divorce can disrupt plans for long-term care, such as assisted living or nursing home arrangements. Without a spouse’s support, individuals may need to explore alternative care options or rely more heavily on adult children or paid caregivers.

Recommendations for Gray Divorcees Facing Healthcare Concerns

1. Review All Insurance Options Early

  • Explore COBRA coverage, which allows temporary continuation of employer-sponsored plans for up to 36 months after divorce (though usually at a higher cost).
  • Investigate Covered California and private insurance marketplaces for alternatives.
  • Consider whether you qualify for Medicare or Medi-Cal.

2. Plan for Out-of-Pocket Costs

  • Budget for increased medical and prescription expenses in your post-divorce financial plan.
  • If negotiating spousal support, factor in healthcare needs and likely costs.

3. Address Long-Term Care Needs

  • Consider long-term care insurance or other arrangements in your divorce settlement.
  • Discuss powers of attorney and advance healthcare directives with your attorney.

4. Update Legal and Financial Documents

  • Revise your will, trusts, and beneficiary designations as soon as possible after your divorce is finalized.

5. Work With a Family Law Specialist

  • An experienced attorney can ensure healthcare considerations are addressed in your settlement and that your interests are protected.

Why Choose a Certified Family Law Specialist?

Judy L. Burger is Certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. This prestigious designation means she has demonstrated substantial experience, passed a challenging exam, and is recognized by judges and peers for her expertise in family law.

For clients, this means:

  • Expert guidance on complex financial and healthcare issues during gray divorce
  • Personalized strategies to protect your interests and well-being
  • Up-to-date knowledge of California law and how it applies to your unique situation
  • Dedicated, ethical representation from start to finish

5 Frequently Asked Questions About Gray Divorce

1. Will I lose my health insurance if I get divorced after 50?
You may lose coverage under your spouse’s plan after divorce. Options include COBRA, purchasing private insurance, or enrolling in Covered California. Plan ahead to avoid gaps.

2. How is spousal support determined in a gray divorce?
California courts consider age, health, earning capacity, and length of marriage. Healthcare needs can be a significant factor in support awards.

3. What happens to retirement assets in a gray divorce?
Retirement accounts and pensions accumulated during the marriage are typically divided as community property in California.

4. Can healthcare costs be included in a divorce settlement?
Yes. Settlements can account for ongoing or anticipated medical expenses, including the cost of health insurance and long-term care.

5. What if I need long-term care and have no spouse after divorce?
Discuss long-term care planning with your attorney. Options include long-term care insurance, government programs, or arranging for family support.

Take the First Step with The Law Offices of Judy L. Burger

A gray divorce can feel overwhelming, especially amid healthcare and financial uncertainties. The Law Offices of Judy L. Burger will help you navigate these challenges with confidence and compassion. As a Certified Family Law Specialist, Judy L. Burger is uniquely qualified to address the complexities of gray divorce in California.

Schedule a confidential consultation today to protect your health, your future, and your peace of mind.