Specialty ยท Divorce
Selling a home during divorce: clear guidance when you need it most.
In California, neither spouse can sell the family home during a divorce without the other's written consent or a court order. If you and your spouse have decided to sell, Hector Aguilar can keep the process fair, transparent, and moving forward, with both of you updated at every step.
How it works in California
The family home is community property. Here's what that means for the sale.
California is a community property state, so the home is generally owned equally by both spouses. Net proceeds from a sale are divided after paying off the mortgage, closing costs, and commissions, usually 50/50 unless the agreement or court order says otherwise.
The most important rule: once a divorce petition is filed, ATROs freeze the home. Neither spouse can sell, transfer, or encumber it without the other's written consent or a court order. An agreed sale is the fastest, least expensive path, and it gives both of you control over the price and timing.
If one spouse refuses to cooperate, the other can ask the family court to order the sale. Courts typically grant these requests where the mortgage is in default, foreclosure looms, one spouse faces hardship, or the property cannot be divided fairly any other way.
The process
How a divorce sale moves forward.
Agree on the decision to sell
In California, once a divorce petition is filed, automatic temporary restraining orders (ATROs) freeze the family home. Neither spouse can sell, transfer, or refinance it without the other's written consent or a court order. When both spouses agree to sell, the process can move quickly and fairly.
Choose the agent and price together
An agreed sale means both spouses pick the listing agent and approve the price. Hector keeps communication neutral and transparent, so both parties stay informed about offers, showings, and timelines.
List, negotiate, and go to escrow
The home is marketed, offers are negotiated, and escrow coordinates inspections, appraisal, and paperwork. Net proceeds are divided according to the agreement or court order, typically 50/50 after the mortgage, closing costs, and commissions.
Close and move forward
Both parties sign off, funds are distributed through escrow, and each person moves into the next chapter with a clean financial resolution.
Alternatives to selling
Selling isn't the only option.
Some couples keep the home. One spouse can buy out the other's community property interest, often through refinancing. Others arrange a deferred sale so children can stay in the same school, with the home sold later and proceeds divided then. Both options need clear agreement on value and terms, and both benefit from an accurate, current appraisal.
Divorce involves legal and tax decisions beyond the sale itself. Hector works alongside your attorney and tax advisor so the property decision fits your whole settlement.
"Hector kept us updated the whole way. He is kind and personable and never made us feel like a number."
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Read more reviewsCommon questions
Questions couples ask about selling during divorce.
Can my spouse force me to sell our house in California?
Not on their own, but they can ask the family court to order the sale. Courts typically grant these requests when the mortgage is in default, foreclosure is threatened, one spouse faces hardship, or the property cannot be divided fairly any other way.
Should we sell before or after the divorce is final?
Many couples sell during the divorce so the proceeds can be divided as part of the settlement. Selling first often simplifies the process because there is no ongoing shared mortgage or maintenance to argue about. Your attorney can advise what fits your case.
What if my ex refuses to sell the house?
If one spouse refuses to cooperate, the other can file a Request for Order asking the court to compel the sale. It works, but it is slower and costlier than an agreed sale, which is why a neutral, communicative agent can help both sides stay reasonable.
How do I buy out my spouse's share of the house?
A buyout requires agreeing on the home's current market value, typically with an appraisal, then paying the other spouse their share of the equity, often through refinancing. Your lender and attorney will guide the mechanics.
Kind regards, Hector
You've made the decision. Now let's sell it well.
If you and your spouse have decided to sell, Hector will explain the process, the timeline, and what to expect at every step, with both of you kept informed.