Selling Property During San Diego Divorce
Divorce property sales in San Diego require navigating California's community property laws, court approval requirements, and automatic restraining orders. Cash buyers offer a faster, more certain path to resolution—often closing in 7-14 days versus 60-90 days for traditional sales.
Key Takeaway
California Community Property Laws
Under California Family Code Section 760, property acquired during marriage is presumed community property—owned equally by both spouses regardless of whose name is on the title. This affects how your San Diego home can be sold and how proceeds are divided.
Can I sell my house during divorce without my spouse's consent?
Generally, no. California Family Code Section 2040 imposes automatic temporary restraining orders (ATROs) that prohibit selling community property without written consent or court order. Violating ATROs can result in contempt charges and unfavorable rulings.
Your Options for the Marital Home
Traditional Sale vs. Cash Buyer
Pro Tip
Cash sales minimize the need for ongoing communication between divorcing spouses. One walkthrough, one closing—then you're done and can move forward with your lives.
Legal Process for Divorce Property Sales
Steps to Sell Property During San Diego Divorce
Both Spouses Agree
Discuss sale with your spouse. If you can't agree, the court will decide.
Get Cash Offer
Contact Fast Home Buyer California. We provide offers within 24-48 hours.
File Motion (FL-300)
Request court approval to sell community property. Include offer details.
Court Approval
Judge reviews and approves sale. Typically 2-4 weeks.
Close Sale
Sign documents, transfer title. Cash sale closes in 7-14 days after approval.
Divide Proceeds
Funds held in escrow and divided per agreement or court order.
ATRO Warning
Do not attempt to sell, transfer, or encumber community property without court approval or written spouse consent. Violating automatic temporary restraining orders can result in contempt charges and unfavorable property division rulings.
How Proceeds Are Divided
Under California Family Code Section 2550, community property is divided equally unless the parties agree otherwise or the court finds reasons for unequal division. Sale proceeds are typically split 50/50 after paying off mortgages, liens, and closing costs.
How are cash proceeds divided in California divorce?
Net proceeds (after mortgage payoff and closing costs) are typically divided 50/50 as community property. However, factors like separate property contributions, reimbursement claims, or marital settlement agreements can adjust the division.
San Diego-Specific Considerations
Property Tax Note
California Revenue and Taxation Code Section 63 provides that interspousal transfers pursuant to divorce are not reassessed. This means property tax basis transfers to the buying spouse—an important consideration for buyout scenarios.
Frequently Asked Questions
How quickly can property be sold during divorce?
With both spouses' agreement and court approval, a cash sale can close in as little as 7-14 days. The court approval process typically takes 2-4 weeks, so total timeline is usually 3-6 weeks.
What if one spouse refuses to sell?
If one spouse refuses to cooperate, the other can petition the court under Family Code Section 2108 for an order to sell. The court can appoint a receiver to facilitate the sale if necessary.
Do I need my divorce attorney involved in the sale?
Your attorney should review any sale agreement to ensure it doesn't conflict with your divorce proceedings. However, the actual sale process can proceed independently once court approval is obtained.
Can we sell before the divorce is final?
Yes, with proper court approval and ATRO modification. Many couples prefer to sell early to eliminate mortgage payments and reduce ongoing conflict during proceedings.
Ready for a Fast, Clean Property Division?
Fast Home Buyer California helps San Diego divorcing couples achieve quick, certain property sales. We work with your attorneys to ensure smooth closings that satisfy court requirements.
Get Your Cash Offer
Call (916) 507-2502 for a confidential consultation. We provide cash offers within 24 hours and can close on your timeline—helping you move forward with your life.
Part of Our Complete Guide
Sell Your House Fast During Divorce in CaliforniaRead the full guide for more in-depth information on this topic.
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