Navigating a divorce is one of the most emotionally difficult times that a family can go through. Aside from figuring out the next steps of ‘your relationship’ with your spouse, many people getting divorced must decide how to handle their home in California. If you’re living in your primary residence with your to-be ex-spouse, you’ll need to formulate a game plan on what to do with the house. Many people opt to sell their houses during the divorce and move on with their lives.
If you’re wondering how to sell my house during a divorce in California, use this spousal guide to determine the next steps for your home and move on to the next chapter.
Can I Sell My House During a Divorce in CA
Yes! However, there are some important divorce facts that you should know.
California is a community property state. That means if you are divorcing your husband or wife that you own a home located in CA, you each have 50% ownership of the property. In an ideal world, if you are on speaking terms with your spouse, you can decide how you want to sell your home during the divorce. You and your spouse would be considered equal partners when selling the property. After paying off any liens, judgments, and debts tied to your property, you will each receive a 50% split of the remaining net profits from the sale of your home.
Special Circumstance: Only One Spouse is on the Deed
If your spouse is trying to sell your house during a divorce in California without you being on the deed, you may be cut out from the profits. Consult with a California divorce attorney to learn more about what your situation entails.
For spouses that are not legally on the deed but have contributed money toward paying the mortgage and other housing expenses during the marriage, you have a chance. You can make the argument that you have an interest in the house when it sells. This will help you avoid getting cut out of the home sale.
If you haven’t contributed financially to the home while married but can show that the home was intended to belong to both spouses, you also have a chance. This one is harder to prove. Again, consult with a CA divorce attorney. You’ll need strong evidence for this claim against your ex-spouse. It’s hard to determine what is fair when trying to sell a house during a divorce in California.
Sell Your House During a Divorce in CA with a Realtor
Option 1 when selling a house during a divorce agreement in California is hiring a realtor. This home-selling option is becoming less popular for several different reasons:
- Realtor commissions are expensive (6% in closing costs)
- Listing your home during a divorce can take a long time (3-4 months on average)
- Requires more effort from your end (repairs, deep cleaning, make the property market ready)
- Schedule and host open houses
Getting divorced is an emotionally turbulent time. It’s arguably the most stressful thing that a spouse can go through. Not everyone is on good terms with their ex-husband or ex-wife.
If you are on great speaking terms with the person you’re getting divorced from and have time to put towards selling your house in California, hiring a realtor is a decent option. It all depends on your timeline, financial situation, and needs.
Decide Who Covers the Mortgage While the Home is Listed
If you decide to list your home with a realtor while going through the divorce process, determine who will cover the housing expenses while it’s on the market. You can’t just stop paying your mortgage, utilities, and taxes – wouldn’t it be nice? You decide with your spouse who will pay the mortgage as your home is listed on the market. Set expectations that it could take months to sell. Be prepared.
Sell My House During a Divorce in CA Fast
Option 2 when selling a house during a divorce in California is working directly with a homebuyer. You can find credible companies that buy houses fast in places like San Diego, Los Angeles, and San Francisco. Is it worth trying to sell your house while getting divorced in CA to an investor?
Spouses getting divorced sell their homes directly to cash house buyers because of the following reasons:
- Quick and convenient close
- Cash offer
- Sell as-is
- No open houses
- No closing costs
SD House Guys is a company that works directly with families going through tough times. If you have thought that I need to sell my house during a divorce in California, our team can help. It’s the cheapest and fastest way to sell a home while going through a divorce.
Divorcing your spouse is already such a difficult situation. We are here to make selling your home during a divorce easy. There is zero stress when working with us. Our company closes within 21 days or less! If you can’t stand to spend more time with your spouse, don’t! Sell your house while getting divorced fast to a local real estate company you can trust.
We don’t use a mortgage or loan to buy properties. Our company will pay you (and your spouse) cash for your home while you proceed through the divorce process. This allows us to close quickly so that you can move on with your life.
Sell Your Home While Getting Divorced Without Repairs
Selling your house while getting divorced comes with countless logistics to juggle. When selling to us, you and your spouse don’t have to repair or fix anything in the property. Our company purchases your home completely as-is. Leave any previously sentimental or unwanted items in the property. Forget about cleaning, making repairs, or making the property ‘market ready’.
No Open Houses
Having nosey neighbors walk through your home during open houses while you and your family are going through such a tough time is not fun for anyone. Avoid open houses altogether! Cities like San Diego are buzzing with hungry buyers looking to walk through open houses on weekends. Selling a property during a divorce in CA is stress-free when working with us.
Zero Closing Costs
Our team covers your traditional closing costs involved in the transaction. Plus, without a real estate agent involved, you also save an additional 6% from the sale of your home. SD House Guys make selling your house during a divorce agreement in CA inexpensive. Getting divorced will hurt your wallet, but the sale of your home doesn’t have to.
How to Sell Your House When One Partner Refuses
As financial times get tough for many families in California, this is becoming more common. If your ex-husband or ex-wife refuses to sell the house, you can get an order from the court to go through with the sale. When a spouse is uncooperative, or if there is a financial threat of foreclosure, request a judge to issue an offer to start the home-sale process.
Forcing the Sale of a Jointly Owned Property in California
Spouses who claim that they need the funds from the sale of their home to survive during (and after) the divorce is usually favored in the court decision. You can show examples, such as job loss or legal fees that you are bearing from the divorce situation. Gathering compelling evidence to the court to support your claims is important when one partner refuses to sell your home during a divorce.
Once approved by the divorce court of California, you can begin the sale process. Dealing with an uncooperative spouse makes everyone’s lives harder. If you have wondered how can I sell my house during a divorce in CA when your spouse refuses, the courts can assist you.
Other Options Besides Selling Your House During a Divorce in CA
1. Buy Out Spouse Out of Your House in California
One party can buy out the other party from the home. From there, the spouse with full rights to the home can decide what they want to do with it. You can then sell your house during a divorce in California without worrying about your uncooperative spouse.
How do you calculate house buyout in a divorce?
There are several steps that you must take to buy out your spouse from your house. First, choose an unbiased property appraiser to determine the value of the home. Draw up an agreement for you to buy out your spouse of their shares (50%) of the property.
Make sure to account for any liabilities and debts tied to the property. You are buying them out of the current equity of the property. Subtract any mortgage, liens, and debts tied to the home – then split that. Absolutely involve a divorce attorney in the process of buying out your spouse from your home in CA.
2. Spouses Agree to Co-Own Home
This is a tough one and requires communication between the two parties getting divorced. If both parties do not want to sell the house during the divorce agreement, you can keep it together.
One spouse usually decides to continue living in the house. Typically, this is the parent who also has custody over the children. Having custody over your kids doesn’t automatically mean that you get to stay in the house after getting divorced. This is decided between you and your ex-spouse, with consideration from the courts. Consult with a divorce attorney on this matter.
Sell My House While Getting Divorced in CA with Ease
Contact our team if you’re going through a divorce and are unsure what to do with your property. We work with families and spouses to create win-win situations for everyone. Selling a house before a divorce settlement makes the process easier.
We can work with you and your family regardless of where things are at. Although it’s hard to know if it’s the right time to sell, our company will work around your schedule to make it as seamless as possible. If you have thought that I need to sell my house while getting divorced in California, contact our team to get started.
Regardless of where you live in California, divorce is not easy. Contact us if you are getting divorced and need to figure out what to do with your property. We can help if you’re located anywhere in CA, including San Jose, Los Angeles, San Francisco, Bakersfield, and Fresno.