California law for couples living together

For the longest time, California law required spouses to live separate and apart during a divorce or legal separation. This meant that you would still be considered together financially and romantically if you lived together. This is still the law in many states, but California has adapted to understand modern housing problems and the financial difficulty of moving out and paying rent in the immediate aftermath of a separation.

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Many couples file for divorce or legal separation and start living as individuals again. The law allows you to immediately return to a single lifestyle with the caveat that you are still officially married. This allows you to divide property and go your own way but what if you cant afford to? Many couples opt to stay living in the same house, whether for financial reasons, for their children, or for other reasons. Does California law let you continue to live together if you want to be legally separated? The Ventura divorce attorneys at the Law Offices of Bamieh and De Smeth explain.

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Our attorneys bringdecades of combined experienceacross Californias legal landscape and have earned the trust of clients statewidefrom individual families and entrepreneurs to established corporations. With deep roots in California, we serve clients from our headquarters in the Bay Area and extend our services throughout the state. Every case we take on receives the same level of meticulous preparation and courtroom readiness, ensuring our clients have an advocate prepared for every possibility.

California had cases come through its court system where this old definition didnt make much sense. There was a case in 2015, In re Marriage of Davis, where one couple decided to end their relationship, discussed it, and separated their finances, but continued to live together. They filed for divorce 2 years later, but she kept living in the house for another 5 years after the breakup. The court in that case agreed that, despite the separate and apart requirements, the couple was clearly separated after the first discussion.