Need to sell the house and move on? Call us at (916) 414-9997 or get a no-obligation cash offer in 48 hours.
Your Three Options for the House
In a California divorce, there are really only three things you can do with the family home:
1
Sell the house and split the proceeds
Sell the house and split the proceeds. This is the cleanest option and the one most couples end up choosing. You sell, pay off the mortgage, divide what's left, and both walk away with cash in hand. No ongoing financial ties to your ex. No arguments about who's responsible for the roof or the property taxes. It's done. Read our full guide on selling before or during divorce
2
One spouse buys out the other
If one of you wants to keep the house, they can buy out the other spouse's share of the equity. This requires getting an appraisal, agreeing on the value, and the keeping spouse qualifying for a new mortgage on their own. If one of you can afford it, this works well. If not, it just delays the inevitable sale.
3
Defer the sale
In some cases — usually when minor children are involved — a California court may order a deferred sale, allowing one spouse (usually the custodial parent) to remain in the home temporarily. The house gets sold later, often when the youngest child turns 18. This is less common and comes with complications, but it exists as an option.
For most Sacramento couples we work with, Option 1 is the fastest and simplest way to move forward. The question then becomes: how do you sell, and how fast can it happen?
California Community Property Rules You Need to Know
California is a community property state. In plain terms, that means any property acquired during the marriage belongs equally to both spouses — 50/50 — regardless of whose name is on the title or who made the payments.
There are a few specific rules that affect how you sell:
Both spouses must agree to sell. Neither spouse can sell the home without the other's written consent. If you can't agree, you'll need a court order (more on that below).
ATROs kick in immediately. The moment divorce papers are filed and served in California, Automatic Temporary Restraining Orders (ATROs) under Family Code §2040 go into effect. These prevent either spouse from selling, transferring, or encumbering any community property — including the house — without written consent or a court order. Violating an ATRO can result in sanctions.
Proceeds are split 50/50. Unless your prenuptial agreement says otherwise, or you and your spouse negotiate a different split as part of the settlement, the net proceeds from selling the house will be divided equally.
Separate property exceptions exist. If one spouse owned the home before the marriage and never commingled it with community funds, it may be classified as separate property. This gets complicated fast, and you'll want a family law attorney involved if this applies to you.
We're not attorneys and this isn't legal advice. Every divorce is different. We strongly recommend consulting a family law attorney for your specific situation. What we can do is give you a fair cash offer for the house so you know exactly what the financial picture looks like as you negotiate.
What If Your Spouse Won’t Agree to Sell?
This is more common than people think. One spouse wants to sell and move on. The other wants to keep the house, or is dragging their feet, or simply won't cooperate.
In California, you have a legal remedy: you can petition the court for an order to sell the property. Under Family Code §2108, the court can order the sale of community property if it determines the sale is necessary to equitably divide assets. This typically happens when one spouse can't afford to buy out the other, or when keeping the home isn't financially viable for either party.
A court-ordered sale takes time — usually several months through the legal process. But knowing that this option exists gives you leverage in negotiations. Often, just filing the petition is enough to move things forward.
If the court orders a sale, the property is typically sold through a realtor at market value. However, if time is critical or the property needs work, the court may approve a sale to a cash buyer at a reasonable price.
Why Divorcing Couples Choose Cash Buyers
We've bought homes from dozens of divorcing couples in Sacramento. Here's why they chose to work with us instead of listing:
Divorce is exhausting. Dragging out a 4-month home sale on top of everything else makes it worse. Cash closes in days, not months.
When you're going through a divorce, the last thing you want to deal with is painting the house, fixing the fence, or keeping it spotless for showings every weekend. We buy as-is.
Traditional buyers can fall through at the last minute — failed inspections, financing issues, cold feet. A cash offer with no contingencies removes that risk.
An open house means strangers walking through your home while you're going through one of the most personal experiences of your life. Cash sales are private.
We deal with both spouses equally. No taking sides, no drama. We make one offer, and you split the proceeds however your settlement dictates.
Know exactly what your house is worth — no obligation. Get a fair cash offer in 48 hours. Use it to negotiate, or accept it and close in days.
Frequently Asked Questions
Your Next Step
If you're reading this, you're probably trying to figure out the best way to handle
the house so you can move forward. Here's what we'd suggest:
If you and your spouse agree on selling:
Get a cash offer from us (free, no obligation) so you know exactly what the house is worth in a quick sale. Use that number alongside a realtor's market analysis to decide which path makes sense for your timeline and financial needs.
If you’re not sure what your spouse will agree to:
Getting a cash offer gives you a concrete number to bring to the negotiation table. It's much easier to have a productive conversation about the house when you have actual options in front of you, not just hypotheticals.
If you just need to talk it through:
Call us at (916) 414-9997. We've walked dozens of Sacramento families through this. No pressure, no judgment.
More Resources for Selling Your House During Divorce:
- Selling Your House Before Divorce in Sacramento
- Selling Your Home During a Divorce — Timeline and Process
- What to Do If Your House Won't Sell During Divorce
- How to Sell Your Fair Oaks House After Divorce
- Compare Your Selling Options: Cash Buyer vs. Realtor vs. FSBO
- How to Sell a House You No Longer Live In