| Rudy Flores · (619) 392-6714 · Real Estate Strategist, Realtor® · CalDRE #02257808 · Responsible Broker CalDRE #01481919
SAN DIEGO DIVORCE AGENT
Divorce and Your Home

Questions to Bring to Your Attorney About the House

A printable list of questions about the family home to take to your divorce attorney, so you use your time well.

DIVORCE AND YOUR HOME · OCTOBER 2026

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

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.

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