By Eduardo Ledesma, Real Estate Consultant & Auctioneer · Realty ONE Group Future · DRE# 01198626
Can You Sell Your House During a Divorce in California?
If you are getting a divorce and you own a home together, you may be asking: can we sell the house? A sale may be possible. But because there can be restrictions or required approvals during a divorce, it is best to talk to a California family-law attorney first.
Three Separate Things to Understand
It also helps to understand three separate things:
Owning the home together
Who is on the title, or who owns the home.
Having a mortgage together
Who owes the loan.
Who receives money from a sale
How the money is handled.
These are different. You can own a home together and only one person pays the mortgage. You can both be on the loan and only one person lives there. Each one has its own rules. And remember: moving out, changing ownership, or getting divorced does not automatically remove a person's responsibility for a mortgage. Only the lender can release someone from the loan.
Should you sell, keep, or wait? It depends on your family and your situation. Some couples sell the home. Some agree that one spouse keeps the home. Sometimes it is better to wait until other decisions are made. While you wait, the home still has ongoing costs like the mortgage, property taxes, insurance, and maintenance, and market conditions can change. There is no one right answer for everyone.
Who decides? If you and your spouse agree, you can often decide together. If you cannot agree, a judge may decide for you. In California, the rules can be complicated and depend on your circumstances.
What about the mortgage and taxes? These can get complicated. If one of you wants to keep the home, it may require refinancing or removing a name from the loan. There may also be taxes on a sale. These are not simple topics, and the rules depend on your situation. This is why it is important to talk to the right professionals.
Talk to the Right People
A California family-law attorney for legal rights and agreements.
A CPA or tax professional for taxes.
A mortgage lender for the loan.
A real estate professional for your home's value and selling options.
About my role: I am a real estate professional. I can help you estimate the home's value and what may be left after paying off the loan and the costs of selling. I can also help with pricing, preparing the home, marketing, reviewing offers, and negotiating. I do not give legal, tax, or mortgage advice. For those questions, please consult a qualified professional directly.
Want to learn more? Read our full guide: Divorce and Real Estate in California.
This blog is for general education only and is not legal, tax, or financial advice. Please talk to a professional about your situation.
Let's Talk About Your Situation
If you are thinking about selling a home, I can help you understand the market and your options. Reach out any time. No pressure, just good information.