Divorce is never easy—and when real estate gets involved, things can get even more complicated. If you and your spouse own a home together, deciding what to do with it during a divorce can feel overwhelming. But with the right approach, selling your home doesn’t have to add more stress. In fact, it can even bring some clarity and closure.
Let’s walk through what you need to know to sell your home during a divorce in California, step by step.
Step 1: Understand Who Actually Owns the Home
Before you even think about putting the house on the market, you need to know who legally owns it.
In California, we follow community property laws. That means any property acquired during the marriage is generally considered jointly owned—each spouse is entitled to 50% of it.
But there are exceptions:
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If the home was purchased before the marriage and only one name is on the title, it may be considered separate property.
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If the home was inherited or gifted to one spouse only, it might not be community property.
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Even if only one spouse’s name is on the title, the other could still have a claim—especially if community funds were used to pay the mortgage or make improvements.
Bottom line: This part can get tricky. It’s wise to consult your divorce attorney and a real estate professional who understands the nuances of California’s property laws. Here’s more about community property from the California Courts.
Step 2: Decide—Sell or Buy Out?
Once ownership is clear, the next decision is: Are you both selling, or is one of you buying out the other’s share?
Selling outright means you both agree to list the home and split the net proceeds. This is the most common route, especially when both parties want a fresh start.
A buyout happens when one spouse wants to keep the home and pays the other for their half of the equity. This can be more complex, since it usually involves refinancing and an accurate valuation of the home.
Whatever path you choose, it’s important to agree on a plan and keep communication as smooth as possible. Having neutral, professional support makes this process less emotional—and more efficient.
Step 3: Choose the Right Real Estate Agent
This is not the time to bring in your cousin who just got their license or your spouse’s best friend from college.
Selling a home during a divorce requires a neutral, experienced agent who knows how to navigate sensitive situations. Look for someone who:
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Has experience working with divorcing couples
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Communicates clearly with both parties
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Offers data-driven advice on pricing and marketing
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Keeps everything transparent
If you’re not sure where to start, ask your divorce attorney for a referral, or reach out to trusted real estate professionals who specialize in collaborative sales.
At Uniquely Real Estate, we help divorcing homeowners handle the entire process with professionalism and discretion. Contact us here to set up a consultation.
Step 4: Determine the Value of the Home
Getting an accurate value is critical—especially if one spouse is buying out the other.
Here are a few options to determine your home’s value:
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Hire a licensed appraiser: This gives you the most accurate, unbiased estimate. It’s especially important for buyouts.
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Ask your agent for a CMA (Comparative Market Analysis): This provides a snapshot of your home’s value based on similar recent sales. It’s often free, but less precise than an appraisal.
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Check online tools like Zillow or Redfin: These give a rough estimate but should be taken with a grain of salt. They don't account for your home's unique features or upgrades.
Whatever method you choose, make sure both parties agree on the valuation before moving forward.
Step 5: Set the Right Listing Price
Once you know the home’s value, it’s time to set the listing price. But there’s more to it than just the number.
Ask yourselves:
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How quickly do you need to sell?
A faster sale may require more competitive pricing. -
What’s happening in the market?
Is inventory low? Is demand high? Your agent will help you decide whether to price aggressively or aim for a bidding war. -
How does the home show?
If it’s move-in ready and staged well, you can often ask a little more.
Also, be realistic. Price your home in a way that attracts serious buyers but leaves some room for negotiation. A home priced too high may sit on the market longer, causing more tension between you and your spouse.
Step 6: Coordinate Showings and Communication
This is where things can get emotional.
To keep everything running smoothly, agree on:
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A showing schedule that works for both of you
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A single point of contact for your agent (or a shared group chat or email chain)
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Ground rules for what needs to be cleaned, moved, or staged before buyers come through
If one of you has already moved out, this part is easier. But if you’re both still living in the house, it’s essential to maintain mutual respect and clear communication.
Your agent can also act as a buffer and handle communication so things don’t get too personal.
Step 7: Accept an Offer and Divide the Proceeds
Once an offer comes in and you both agree to accept it, the home goes into escrow.
From there, you’ll work with your escrow officer or closing attorney to finalize the sale. You’ll also need to:
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Decide how the proceeds will be split (usually 50/50, but not always)
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Address any debts, liens, or repairs that need to be paid out of the sale
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Discuss whether to place funds in a separate account until the divorce is finalized
Yes, you can sell the house before the divorce is finalized. In fact, doing so may help avoid more conflict later on—especially if finances are tight or foreclosure is a looming threat.
Just make sure you’ve talked to your legal team and have a clear agreement in place.
Expert Tip: Don’t Wait Too Long
Waiting too long to sell can lead to missed opportunities—or worse, financial hardship.
If one spouse stops contributing to the mortgage or the home falls into disrepair, it can affect both your credit scores and the eventual sale price.
In some cases, selling earlier in the divorce process can help both parties move forward faster, emotionally and financially.
Ready to Move Forward? We Can Help.
Selling your home during a divorce isn’t easy, but you don’t have to go through it alone.
At Uniquely Real Estate, we specialize in helping California homeowners navigate complex life transitions with care, professionalism, and strategy. Whether you’re just starting the divorce process or ready to list your home, we’re here to guide you every step of the way.
➡️ Reach out to us for a confidential, no-pressure consultation. Let’s talk about what’s possible—and what comes next.
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We’re here to make the process smoother, from listing to closing—so you can focus on what’s next.
