In-Depth Article
How to Sell Your House During a Divorce in California
Understand your options, protect your interests, and move forward with a fair property sale.
Divorce is emotionally challenging, and deciding what to do with your shared home adds another layer of complexity. Whether you need to sell quickly to divide assets or one spouse wants to buy out the other, understanding your options is essential.
MeritHomeBuyers has helped many California couples navigate property sales during divorce. This guide explains your options and how to move forward efficiently.
Key Takeaways
- Both spouses must agree to sell or you need court authorization
- Cash sales eliminate repairs, showings, and financing uncertainty
- California community property rules generally split assets 50/50
- Selling before finalizing divorce can simplify negotiations
- Get proper legal advice before making any property decisions
Understanding Your Options
When divorcing, you typically have three options for the marital home: sell and divide proceeds, one spouse buys out the other, or continue co-ownership (rare). Most couples choose to sell because it provides a clean break and clear division of assets.
California is a community property state, meaning assets acquired during marriage are generally split 50/50. However, if one spouse owned the home before marriage or received it as an inheritance, the situation is more complex.
- Sell and split proceeds equally between spouses
- One spouse refinances to buy out the other
- Continue co-ownership temporarily (deferred sale)
- Trade the home equity for other marital assets
Timing Your Sale
The timing of your sale depends on your divorce timeline and financial needs. You can sell before filing, during proceedings, or after the divorce is finalized. Each timing has advantages.
Selling before filing can simplify negotiations and provide funds for separate living arrangements. Selling during proceedings requires court approval but can speed asset division. Selling after finalizes the property split based on your decree.
Why Cash Sales Work Well for Divorcing Couples
Traditional home sales during divorce face unique challenges. Coordinating showings when both parties may have moved, making repairs when neither wants to invest more, and the uncertainty of buyer financing falling through can all delay your divorce settlement.
Cash buyers like MeritHomeBuyers eliminate these complications. We buy as-is without requiring repairs, close on your timeline, and can work with both attorneys to ensure proper documentation.
- No repairs or staging required—sell as-is
- Faster closing means faster asset division
- No uncertainty from buyer financing contingencies
- Neutral party helps reduce conflict between spouses
“My ex and I could not agree on anything, but MeritHomeBuyers made the house sale the one easy part. They bought it as-is, split the check between us, and we closed in two weeks. It removed so much stress from an already difficult time.”
Jennifer L.
Sold during divorce proceedings
Frequently Asked Questions
Can one spouse sell the house without the other agreeing?
Generally, no. In California, both spouses must agree to sell marital property. If you cannot agree, you may need to petition the court for a partition sale order.
What happens if we owe more than the house is worth?
If you are underwater on your mortgage, you may need to pursue a short sale or bring cash to closing. We can evaluate your situation and discuss options including negotiating with your lender.
How is the sale money divided during divorce?
Division depends on your divorce agreement or court order. California community property rules generally split proceeds 50/50, but agreements can vary based on other assets.
Should I sell before or after the divorce is final?
It depends on your situation. Selling before can provide funds and simplify negotiations. Selling after ensures the division is documented in your decree. Consult your attorney.
Related Guides
Selling an Inherited Property
A step-by-step guide to selling a house you inherited in California, including probate timelines and tax considerations.
Read GuideSelling Your House When Relocating
A step-by-step guide to selling your California home quickly when you need to move for a job, family, or lifestyle change.
Read GuideGet Help in Your Area
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