How do we sell the house during a divorce in California?

Safety first: if you are worried about your safety or a spouse's behavior, see the California Courts' domestic violence restraining order page, which says, "If you are in danger right now, call 911 or seek safety".

General information, not legal or tax advice. Sidney Manzo is a real estate agent, not an attorney or tax adviser. Talk to a family law attorney about how the Family Code applies to your case, and a CPA about taxes. Rules as of October 22, 2026; they change, so check the official sources listed below.

Can you sell the house during a divorce?

Yes, with your spouse's written consent or a court order. Under Family Code section 2040, as in effect on October 22, 2026, the summons contains a temporary restraining order "Restraining both parties from transferring, encumbering, hypothecating, concealing, or in any way disposing of, any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life". The same subparagraph requires each party "to notify the other party of proposed extraordinary expenditures at least five business days before incurring those expenditures".

Under Family Code section 233, the order takes effect "Upon filing the petition and issuance of the summons and upon personal service of the petition and summons on the respondent or upon waiver and acceptance of service by the respondent", and stays "in effect against the parties until the final judgment is entered or the petition is dismissed, or until further order of the court". Your escrow officer can tell you whose signatures the sale needs.

Can one spouse sell the house without the other?

Not under the summons orders in Family Code section 2040, which require "the written consent of the other party or an order of the court". The California Courts put it this way: "Until you have a court order, any property or debt from your marriage still belongs to both of you. This is true no matter who is using it or who has it with them". If you're worried your spouse may sell or borrow against the house without your consent, talk to a family law attorney right away.

Is the house community or separate property?

Family Code section 760 says, "Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property". The California Courts list separate property as what you each own or owe from before you married or after you separated, plus "Gifts or inheritance (to one of you) even if it was given or inherited when you were married".

A house can be both. The California Courts say, "Property can be part community and part separate. This is called commingling". Their example of a separate-property down payment with mortgage payments made during the marriage ends, "The equity in the house is now part community and part separate property". They add, "If you took out a mortgage to buy a house while married, that debt is community property. You're both responsible for it".

How title is held matters too. For division of property, the summons warning under Family Code section 2040 says property "acquired by the parties during marriage in joint form is presumed to be community property". The date of separation also matters; see the California Courts' page on how to figure out your date of separation, listed in the sources below. Ask your attorney how your house is characterized.

How are the proceeds divided, and who keeps the house?

Family Code section 2550 says, "Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division", the court shall "divide the community estate of the parties equally". The California Courts explain that, in general, a judge will order that you keep your separate property and divide your community property equally, and "You and your spouse can agree to something different if you both think it's fair". Your attorneys and the court decide how sale proceeds are held and divided.

Who keeps the house?

Spouses can agree. The California Courts suggest you "Propose who will get or be responsible for each item", and if the shares aren't equal, "you can make the values equal. This is known as an equalizing payment". One spouse keeping the house is one option to raise with your attorney. If you can't agree, the California Courts say, "If you can't decide, a judge can decide for you at a hearing or trial". They list "You disagree about what to do with a house or business you own" as a reason to talk to a lawyer.

Can a spouse force a sale?

Between spouses, it goes through the divorce case: a judge decides if you don't agree. A partition lawsuit isn't the route for community property. Code of Civil Procedure section 872.210 says "an action between spouses or putative spouses for partition of their community or quasi-community property or their quasi-marital interest in property may not be commenced or maintained under this title". For co-owners who aren't spouses, see our note on siblings who disagree about an inherited house (link when published).

Financial disclosures come first

Under Family Code section 2104, each party serves the other "a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council". Family Code section 2100 calls for "a full and accurate disclosure of all assets and liabilities in which one or both parties have or may have an interest". The value of the house is part of that picture, so ask your attorney what your case needs.

Taxes, costs and the steps of the sale

Ask a CPA about taxes before you list. IRS Publication 523 says that, generally, if you transfer your home or your share of a jointly owned home to a spouse as part of a divorce settlement, you are considered to have no gain or loss, and it has a section for separated or divorced taxpayers. Our note on selling a long-held home lists questions to bring to your CPA.

The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker. Business and Professions Code section 10147.5 requires that notice in printed or form agreements that set a licensee's compensation for the sale of residential property with up to four units. Ask your escrow officer or a real estate attorney who pays the transfer tax under your purchase contract. For the other costs of a sale, see what it costs to sell a house in the San Gabriel Valley.

When both owners are divorcing, both sign off on the price and the terms with the agent, unless a court order says otherwise. Updates go to both of you, or as your attorneys direct. If one of you still lives in the house, agree on how showings will work.