Selling the family home during a divorce can go smoothly when both people agree and the steps are clear. California has a few rules that shape the timing, and your attorney is the best source on how they apply in your case. This guide covers what to know so you can plan.
The rules that shape the timeline
- The six-month waiting period: the California Courts self-help site says a divorce takes at least six months. The count generally starts when the other spouse is served with the papers or responds, and your attorney or the court's family law facilitator can tell you your exact date. Your marital status does not end until the court enters a judgment. See the California Courts divorce overview. - Automatic temporary restraining orders: when a divorce case is filed, standard orders under Family Code section 2040 take effect. In general, neither spouse can sell, transfer or borrow against community property, including the family home, without the other's written consent or a court order, apart from ordinary and necessary expenses. When both spouses agree in writing, or a judge approves, the home can be sold. Ask your attorney how both rules apply to you. The details can vary with the facts of your case.
A smooth sale, step by step
- Agree on the plan in writing, with your attorneys, including who lives in the home, who pays what until closing, and how the proceeds will be divided.
- Get a value estimate and a plan for price and timing: Rudy offers a free home value estimate.
- Prepare the home: decide who handles repairs and cleaning, and ask Rudy about permits and any unpermitted work, which are worth knowing about before you list.
- Pick a listing approach that fits the situation. Some couples want a quiet sale with limited showings, and Rudy can adapt.
- Decide how offers will be reviewed and accepted: both spouses' signatures are generally needed on the contract.
- At closing, the title company pays off the loan and holds the proceeds as your agreement says.
After the sale
Each person can plan their next move. The Neighborhood Match quiz and the Commute Check can help you compare places to live.
Taxes
Each person may have a tax question about the sale. The home sale tax exclusion estimator explains how the federal exclusion works, and your tax professional can apply it to your situation.
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, Point Mortgage Corporation (NMLS #231073), at (619) 475-4095. You are always free to choose any lender you like, and you can verify any lender’s license at nmlsconsumeraccess.org.
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
- 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.
- 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.