Divorce is hard enough. Selling through an agent means repairs, cleaning, and strangers walking through, when you may not want to speak to each other. A cash sale is simpler: one walkthrough, one number, and the money split through escrow.
What to know in California
- Community property: a house bought during the marriage is generally community property even if only one name is on the title. Title companies usually require both spouses to sign.
- Automatic temporary restraining orders (ATROs): once the divorce petition is served, neither spouse may sell or transfer community property without the other's written consent or a court order.
- The mortgage stays in both names: while waiting to sell, keep paying on time to protect both credit scores.
3 options for the house
- One spouse buys out the other: usually requires a refinance into one name.
- Sell and split the proceeds: through an agent or a cash sale.
- Keep joint ownership for a while: for example until the children finish school. Needs a clear agreement on who pays what.
How a cash sale helps in a divorce
- One clear written number, sent to both spouses and both attorneys
- No repairs, and no one has to put up money first
- Only 1–2 showings, scheduled in advance
- We can speak with each of you separately if you prefer
- Escrow divides the funds per your written agreement or court order, straight into each person's own account
We are not attorneys. Before signing, each side should consult their own divorce attorney.
Questions
My spouse will not agree to sell. What now?
Once a divorce is filed, selling the house generally needs both spouses' consent or a court decision. Your attorney will guide you. A written offer sometimes helps both sides agree.
How are the proceeds divided?
According to your divorce agreement or court order. Escrow follows written instructions signed by both. If you have not agreed, funds can be held until a decision is made.
We do not want to meet. Can we sign separately?
Yes. Escrow sends documents to each person to sign separately, often with a notary visiting each of you.