Can I sell the house during divorce without my spouse agreeing?

No. In California, both spouses must agree to sell community property. If you cannot agree, the court can order a sale as part of the divorce proceedings, but this takes longer and is more expensive. Mediation often helps couples reach agreement faster.

How is home equity divided in a California divorce?

California is a community property state, meaning equity acquired during marriage is typically split 50/50. However, factors like separate property contributions, refinancing, and improvements can affect the split. Net equity is calculated after deducting the mortgage, selling costs, and any liens.

Can one spouse buy out the other?

Yes. One spouse can refinance the mortgage in their name alone and pay the other spouse their share of equity. This requires the buying spouse to qualify for a new loan independently. The buyout amount should be based on fair market value minus selling costs.

What happens to the mortgage during divorce?

Both spouses remain liable for joint mortgages until refinanced or paid off through sale. A divorce decree does not release either party from the mortgage. If one spouse keeps the house, they must refinance within a specified timeframe.

How long does it take to sell a house during divorce?

Traditional listings take 2-4 months on average. Cash sales can close in 7-14 days once both parties agree. The divorce itself does not have to be finalized before selling, but both spouses must sign all documents.

Who pays the mortgage while the house is for sale?

This should be addressed in temporary orders or a marital settlement agreement. Often, both parties continue paying their share, or the spouse living in the home pays. Failure to pay can damage both credit scores.

How to Sell Your House Fast During Divorce in Sacramento (2026)

Divorce is difficult enough without the added stress of selling your home. Yet for many Sacramento couples, selling the marital residence is a necessary step to divide assets and move forward. This guide will help you understand the process, your options, and how to navigate this challenging time.

At Community Renaissance, we help divorcing couples sell their Sacramento homes quickly and fairly. We work with both parties professionally and can provide certainty in an uncertain time.

Understanding Community Property in California

What Is Community Property?

California is one of nine community property states. This means:

Assets acquired during marriage belong equally to both spouses
This includes real estate purchased during marriage
Each spouse has a 50% ownership interest
Both must agree to sell or transfer the property

Separate Property Exceptions

Not all property is community property:

Property owned before marriage (may be separate)
Inherited property (typically separate)
Gifts to one spouse (typically separate)
Property designated separate by agreement

Important: Separate property can become "commingled" with community property through mortgage payments, improvements, or refinancing, creating complex equity splits.

Your Options for the Marital Home

Option 1: Sell the House and Split Proceeds

The Process:

Both spouses agree to sell
List or sell to cash buyer
Pay off mortgage and selling costs
Split remaining equity per agreement

Pros:

Clean break for both parties
Immediate access to equity
No ongoing ties to each other
Simplifies divorce settlement

Cons:

Must coordinate during emotional time
May need to find temporary housing
Market conditions affect timing

Best For: Most divorcing couples, especially when neither can afford the home alone

Option 2: One Spouse Buys Out the Other

The Process:

Get independent appraisal
Calculate net equity (value minus mortgage minus selling costs)
Buying spouse refinances in their name alone
Buying spouse pays selling spouse their share

Example:

Home value: $500,000
Mortgage: $300,000
Estimated selling costs (8%): $40,000
Net equity: $160,000
Each spouse's share: $80,000

Pros:

One spouse can stay in family home
Less disruption for children
No selling costs actually incurred

Cons:

Buying spouse must qualify alone
May need to pay PMI
Still tied to property

Option 3: Continue Co-Ownership Temporarily

Possible Arrangements:

One spouse lives there, both own
Rent it out and split income
Delay sale until specific event (kids finish school)

Risks:

Continued financial ties
Maintenance disagreements
One party may stop paying
Property value changes
Complicated if either remarries

Best For: Rare situations with cooperative co-parents and specific timing needs

Selling Your House During Divorce

Getting Both Parties to Agree

This is often the biggest challenge. Strategies that help:

Use a mediator: Neutral third party can facilitate agreement
Get an appraisal: Removes arguments about value
Present cash offer: Certainty and speed appeal to both parties
Focus on net proceeds: What each person walks away with
Consider children: Reduced conflict benefits everyone

Working with Divorce Attorneys

Your divorce attorney will help with:

Temporary orders (who lives there, who pays)
Listing agreements (both must sign)
Sale approval procedures
Proceeds distribution
Quitclaim deeds

Tip: Get your attorney involved early. Selling during divorce has legal implications.

The Cash Buyer Advantage

Selling to a cash buyer like Community Renaissance offers unique benefits for divorcing couples:

Speed: Close in 7-14 days once both parties agree Certainty: No buyer financing falling through Simplicity: Fewer showings, less coordination Privacy: No public listings or open houses As-Is: No repairs or disagreements about improvements Neutral Third Party: We work fairly with both spouses

Timeline Considerations

Before Filing for Divorce

You can sell anytime if both agree
May affect asset division calculations
Consult attorney before major moves

During Divorce Proceedings

Sale can proceed with both parties' agreement
Court can order sale if parties cannot agree
Proceeds typically held in escrow pending settlement

After Divorce Is Final

Decree should specify what happens to home
If ordered to sell, terms should be clear
Court can enforce sale if one party refuses

Financial Considerations

Mortgage and Payment Responsibility

Until the mortgage is paid off or refinanced:

Both names on mortgage = both responsible
Divorce decree does not release either party
Late payments hurt both credit scores
Lender can pursue either or both for full amount

Protect Yourself: Ensure temporary orders address mortgage payments. Consider selling quickly to eliminate this liability.

Calculating Net Equity

Item	Amount
Fair Market Value	$500,000
Less: Mortgage Balance	-$300,000
Less: Realtor Commission (6%)	-$30,000
Less: Seller Closing Costs (2%)	-$10,000
Less: Repairs/Credits	-$5,000
Net Equity to Split	$155,000
Each Spouse Receives (50%)	$77,500

With Cash Sale:

Item	Amount
Cash Offer	$460,000
Less: Mortgage Balance	-$300,000
Less: Closing Costs	$0
Net Equity to Split	$160,000
Each Spouse Receives (50%)	$80,000

Often the numbers are closer than expected.

Capital Gains Considerations

Primary residence exclusion: $250,000 per person ($500,000 married)
Must have lived there 2 of last 5 years
Both spouses may claim exclusion if both lived there
Consult tax advisor for your situation

What If We Cannot Agree?

Mediation

A mediator helps you:

Communicate effectively
Understand each other's concerns
Explore options
Reach voluntary agreement

Cost: $200-500 per hour, split between parties

Court-Ordered Sale

If mediation fails:

One party petitions the court
Court hearing scheduled
Judge orders sale on specific terms
Court may appoint a real estate professional
Sale proceeds per court order

Downsides:

Takes months
Legal fees add up
Less control over outcome
Additional stress

Protecting Your Interests

Document Everything

Property condition photos
All financial records
Communication about the property
Agreements made

Keep Paying Your Share

Even if you move out:

Maintain your credit
Follow temporary orders
Document payments made

Get Independent Advice

Your own attorney (not shared)
Your own financial advisor
Your own real estate guidance

Sacramento-Specific Information

Family Court Resources

Sacramento County Superior Court - Family Law: 720 9th Street, Sacramento, CA 95814 (916) 874-5522

Self-Help Center: Free assistance for those without attorneys

Local Market Conditions (2026)

Median Home Price: $485,000
Average Days on Market: 28 days
Year-over-Year Change: +4.2%

How Community Renaissance Can Help

We Work with Both Parties

Professional and neutral
Clear communication
Fair process
Single point of contact

Fast, Certain Sale

Offer within 24 hours
Close in 7-14 days
No financing contingencies
No buyer backing out

As-Is Purchase

No repairs needed
No staging or showing
No cleaning required
Take what you want, leave the rest

Flexible Closing

Coordinate with divorce timeline
Work with attorneys
Accommodate both parties' schedules

Take the Next Step

Selling your home during divorce does not have to add to your stress. A quick, clean sale can help both parties move forward.

Ready for a cash offer? Get your free offer today

Want to discuss your situation? We offer free, confidential consultations. We understand the sensitivity of divorce situations and are here to help.

Serving: Sacramento, Roseville, Elk Grove, Folsom, Rancho Cordova, Citrus Heights, Carmichael, Fair Oaks, Rocklin, and all surrounding areas.