| Rudy Flores · (619) 392-6714 · Personal Real Estate Liaison, Realtor® · CalDRE #02257808 · Responsible Broker CalDRE #01481919
SAN DIEGO DIVORCE AGENT
FAQ

Selling a Home During a Divorce in San Diego: Frequently Asked Questions

Clear, calm answers to the questions couples ask most when the family home needs to be sold.

FAQ · SEPTEMBER 2026

You are probably carrying a lot right now. These short answers cover what most couples ask first. Anything specific to your situation belongs with your attorney.

Do we both have to agree to sell?

Generally, both owners need to sign the paperwork to sell, and in an active divorce there are usually restrictions on selling without agreement or court approval. Your attorney can explain what applies to you.

Can I list the home while the divorce is still in progress?

It is often possible, but it typically requires the agreement of both spouses or a court order. Talk to your attorney before taking any step.

Who does the agent work for?

When both spouses own the home, Rudy works on the sale itself and shares information equally with both. You should each rely on your own attorney for legal advice.

What if we cannot agree on the price?

A valuation built from comparable sales, shared with both of you, gives you a common reference point. If you still disagree, your attorneys may be able to suggest a way forward.

What if one of us wants to keep the house?

That is often done through a buyout, in which one spouse pays the other for their share, usually by refinancing. A lender and your attorney can advise on whether it is feasible.

Can we sell while both of us still live there?

Yes, though it takes clear ground rules for showings, privacy and preparation. Rudy can help you set a workable plan.

Will the sale be private?

Marketing can be handled discreetly, and Rudy keeps communication professional and confidential. Ask about your options.

How are the sale proceeds divided?

That depends on your agreement or court order. Escrow distributes funds as directed, and your attorney can confirm the division.

Are there tax consequences to selling?

There may be. Sellers may qualify for certain exclusions of gain on a primary residence, but eligibility depends on your situation. Speak with a tax professional.

Does a valuation cost anything?

No. A confidential valuation with Rudy is free and comes with no obligation.

General information, not legal, tax or financial advice. Your attorney and tax advisor should guide decisions about your divorce and your home.

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