When one spouse keeps the home in a divorce, the property usually has to be refinanced and appraised, and both will look at its permit history. Knowing where the home stands on permits and zoning, before those steps, avoids delays. This page is general information; your attorney and lender advise on your case.
Divorce and Property
Permits and Zoning When One Spouse Keeps the Home
Why permit history and zoning matter when one spouse keeps the family home: refinancing and appraisals, unpermitted work, ADUs, and how Rudy can help you get answers from the city.
Where permits show up
- The appraisal. Additions, finished garages and second units that were not permitted can be treated differently by an appraiser.
- The refinance. A lender may ask about open permits and unpermitted work.
- Later sale. California sellers must disclose known unpermitted work on the Transfer Disclosure Statement.
Ask the city for the property’s permit history early. It is a public record.
A backyard unit as part of the plan
Some households consider an accessory dwelling unit to help carry the cost of keeping a home. State law gives many single-family lots the right to build one, and the 2026 rules add deadlines for cities. Whether a lender would count projected rent toward qualifying varies, so ask your lender before you count on it. The ADU return estimator shows the basic numbers. New 2026 rules also require a city to decide within 15 days whether an ADU application is complete (SB 543).
How Rudy can help
Rudy spent 12 years in telecom real estate development, working through zoning, permits and right-of-way for national wireless carriers in more than a hundred jurisdictions. Getting a project past a planning department is a skill he practiced for a living, and it is one he can put to work for you in San Diego County: his background is here.
His role is to get the first conversation with the jurisdiction started well: identifying the right office, framing the question, arriving with the right documents, and following up. He does not replace the professionals a project needs. When you need design, engineering, legal or construction work, he will introduce you to licensed people he trusts.
His role here is neutral: getting information from the city so both spouses and their advisors are working from the same facts.
Common questions
Can the city tell me what was permitted on the home?
Yes. Permit history is a public record, and the city’s building department can share it.
Should we legalize unpermitted work before a buyout?
That is a decision for the spouses and their advisors. The first step is knowing what exists.
Does keeping the home change the property tax?
Transfers between spouses are generally excluded from reassessment. See the property tax page for details.
A note on what this is
Rudy Flores is a licensed real estate agent (CalDRE #02257808) with Coldwell Banker West. He is not an attorney, architect, engineer or contractor, and nothing on this page is legal, engineering or tax advice or a promise that a permit will be granted. Zoning rules, fees and deadlines change and differ by parcel: confirm everything with the jurisdiction and with licensed professionals before you rely on it.
Keep exploring
- Property tax when one spouse keeps the home — The interspousal exclusion, in plain English.
- Blog — Timelines, mortgages and your options.
- The divorce real estate guide — A calm, neutral overview.
- About Rudy — Twelve years in telecom real estate, then homes.
Talk to a lender. Rates, loan programs and approvals come from lenders, not from websites or real estate agents. Talk to your own mortgage broker, or use our preferred lender, Rodrigo Ballon with CrossCountry Mortgage, at 858-735-0255. You are always free to choose any lender you like, and you can verify any lender’s license at nmlsconsumeraccess.org.
Sources
- Holland & Knight: California’s 2026 housing laws
- California HCD: accessory dwelling units and the ADU Handbook
General information for orientation, not legal, tax, financial or appraisal advice. Details change; confirm anything that matters with the official source, your lender and your agent.