A good conversation with your attorney starts with good questions. Print this list, write your own answers beside it, and bring it to your meeting. Rudy is a real estate agent, not an attorney, and these are questions for your legal professional.
About the home and the law
- Is the home community property, separate property, or a mix? How does that affect who gets what?
- Do the automatic temporary restraining orders affect my plans to sell, refinance or make repairs, and what do I need in writing?
- Who may live in the home while the case is open, and who pays the mortgage, taxes and insurance until it is settled or sold?
- If we agree to sell, how will the proceeds be divided and when?
- If one of us keeps the home, how is the buyout figured, and how are credits for down payments, improvements or separate funds handled?
About timing
- What is the earliest the case could be final, and how does that interact with a sale or a buyout?
- Can the home be sold before the judgment if we both agree?
- If we are keeping it for a while, what should be in the written agreement?
About money and taxes
- Will the spouse who leaves stay on the mortgage until a refinance, and what protects them?
- How might a transfer of the home between spouses affect property tax? (Transfers between spouses in a divorce are generally excluded from reassessment in California; ask how that applies to you.)
- Should each of us talk to a tax professional before a sale or buyout about the home-sale exclusion?
- Which documents should I gather: the mortgage statement, the deed, tax bills, insurance, HOA documents and a recent value estimate?
Questions for your agent and lender
- What could the home sell for, and what would we each net? Use the net proceeds estimator and a value estimate.
- Can the keeping spouse qualify to refinance? Try the divorce home buyout calculator.
General information, not legal, tax or lending advice. Programs, rules and rates change, so confirm current details with the official source, your lender and your advisors.
More guides
- The Best Time to Buy or Sell in San Diego, Month by Month — Charts and numbers show which months San Diego homes sell most, when prices peak and when buyers have the most room to negotiate.
- Printable Neighborhood Sheets by ZIP Code — A one-page, printable snapshot of any San Diego County ZIP code: typical values, rent, days to sell, income and the age of homes.
- Questions to Ask a Mortgage Lender Before You Choose One — A printable list of questions that help you compare lenders on equal footing, and what to look for on the Loan Estimate.
- HOA Dues and Mello-Roos Taxes: What They Are and What to Ask — Two costs that sit outside the mortgage and change what a home really costs each month, with the documents to request before you buy.