Divorce home sales

Selling the House During a Divorce

Two people who no longer agree still have to sell one house. We stay neutral, keep you both told the same thing at the same time, and keep the sale moving.

A living room mid-move, with boxes stacked on opposite sides

A Hard Season Doesn't Need a Hard Sale

If you're here, you may be in one of the most exhausting stretches of your life. Conversations with your former partner might be strained, or not happening at all. There may be children who need stability, a court date on the calendar, and a house full of memories that now has to become a number.

Michelle has been through a divorce herself, so she understands how hard this season is and how important it is to do what's best for the kids.

One client described it this way: "Selling a home is never easy, but selling one during a difficult divorce could have been a nightmare." It's easy to see why. The house is often the largest shared asset, and it's tied to where everyone will live next.

Our goal is simple. Take one heavy thing off your plate, handle it fairly, and get both of you to closing with as little added stress as possible.

What is it actually worth?

Send Me My Home Value Book an Appointment or Call

Or read how we do it, step by step

The California Rule That Catches People Mid-Escrow

Here is something most people do not learn until it costs them time.

When a divorce is filed in California, automatic temporary restraining orders take effect under Family Code section 2040. They bind the filing spouse the moment the petition is filed, and the other spouse the moment they are served. Among other things, they restrain either of you from selling or transferring real property.

The house can absolutely be sold during a divorce. Most divorce sales happen before the divorce is final. But it takes either the written consent of both spouses or a court order.

In practice that is routine and your attorneys handle the paperwork. What it means for us is simple: we confirm that consent or order is in place before we go on market, so an accepted offer never falls apart on a technicality three weeks in.

What Representing Both of You Actually Means

We represent the listing, working for the sale on behalf of both owners. Not one of you against the other.

That is a different thing from an agent representing a buyer and a seller in the same deal. Here, you are co-owners on the same side of the transaction who may not be agreeing on much else.

In practice it means you both get the same market data at the same time, you both hear the same recommendation, and price changes and offer responses get confirmed in writing by both of you so nothing turns into he-said-she-said. We put our role in writing before we start so you and your attorneys can review it.

If either of you would rather have your own agent, say so. Nobody will take it personally.

What Representing Both of You Actually Means

Working out where you stand

Decide the Rules Before You List, Not During an Offer

Deadlock in the middle of an offer is what turns a sale into a court filing. The fix is deciding three things in advance, while nothing is on the table:

The list price, agreed by both of you in writing.
A review point. If there is no acceptable offer by a set date, we revisit price. Agreeing to that now prevents an argument later.
How offers get answered, usually that both of you confirm in writing.

That way a decision has already been made before emotions are in the room. If you still deadlock, the sale generally needs your attorneys, and ultimately a judge can order terms. We keep giving you both the same data and the same recommendation, and we do not lobby one of you behind the other's back.

If One of You Wants to Keep the House

A buyout is common, and two things decide whether it actually works.

Can that spouse qualify for the new loan on their income alone? This is the piece that most often ends the idea, and it is worth finding out in week one rather than month three.

Can you agree on the value? The buyout number comes straight off it. You can use a broker valuation, which we provide with the comparable sales behind it. You can hire a licensed appraiser, which attorneys often prefer in a contested case because it holds up better. Or you can each get one and split the difference. Ask your attorney which form your court or mediator will actually accept before you pay for one.

There is also something the leaving spouse should not overlook: getting your name off the mortgage matters. Being off title is not the same as being off the loan. If the loan stays in both names, a late payment years from now still lands on your credit.

If One of You Wants to Keep the House

Two households, one house

Preparing the Home When Life Is Already Upside Down

Sometimes one person still lives in the home, sometimes both, sometimes neither. Each situation needs its own plan. We'll talk through who handles showings, how to keep the home presentable, and how to protect children's routines during the listing.

Prep costs like paint, repairs, or cleaning need agreement on who pays and how it's reimbursed, often worked out through your attorneys. We'll give you a prep plan with honest priorities so you spend only on what helps the sale, and our vendors can handle the work so neither of you has to manage it.

When one of you still lives in the home, we agree up front on showing notice and how access works. That person keeps their privacy, and the other can trust buyers are getting in to see the house.

Who Decides the Split, and Who Pays for Prep

Not us. How the proceeds get divided is decided by the two of you in your settlement agreement, or by the judge, and escrow follows those written instructions.

California is a community property state, so the starting assumption is often an even split of community equity. Separate property contributions, a down payment one of you brought in before the marriage, reimbursements and support offsets can all change the number. That is attorney territory.

Our job is to get the highest net sale price we can, so whatever formula your agreement uses is applied to the biggest possible pot.

On prep costs, settle it in writing before the first contractor shows up. Common approaches: the spouse still living there covers it and gets reimbursed off the top at closing, the costs are split out of proceeds, or the work is paid directly out of escrow so neither of you writes a check now. That last one is usually easiest when cash is tight on both sides. What causes fights is doing the work first and arguing about it later.

The Capital Gains Question

Divorce has its own protections built into the tax rules, and they are more generous than people expect.

The $500,000 married exclusion generally still applies if you sell while still legally married and file jointly for that year. If you sell after the divorce, each of you generally gets your own $250,000 as a single filer.

There is also a rule that protects the spouse who moved out: if a divorce or separation agreement lets your ex live in the home, the time they live there can count toward your own use test. Moving out does not automatically cost you the exclusion.

And if you fall short of the two-year test because of the divorce itself, the IRS allows a reduced exclusion prorated by the months you did qualify. Divorce is specifically listed as an unforeseen circumstance.

Your CPA and your attorney should confirm which version applies to your settlement. Tell us early and we will time the sale around what they tell you.

Neutral, Steady, and Discreet

The standard we hold ourselves to is simple: both of you get the same information at the same time, and neither of you ever has to wonder whose side we are on.

Practically, that means separate showings when you need them, communication that copies both of you and both attorneys, and no surprises. We work in every part of the Santa Clarita Valley and across Los Angeles County, and we are happy to talk before anything is decided.

When You're Ready to Talk

You can start with a quiet question, even before you've decided anything. Ask for a confidential home value, or call 661-219-5517 to set a time to talk. Your first conversation stays private, and whether you'd like to talk together or each of you separately, we'll arrange it the way that feels most comfortable. We serve homeowners throughout the Santa Clarita Valley and across Los Angeles County.

Frequently Asked Questions

Can one agent represent both of us in a divorce sale?

Yes, when you both agree to it. To be precise about what that means: we represent the listing, working for the sale on behalf of both owners, not one of you against the other. That is different from an agent representing a buyer and a seller in the same deal. In practice it means you both get the same market data at the same time, you both hear the same recommendation, and price changes and offer responses get confirmed in writing by both of you so nothing turns into he-said-she-said. We put our role in writing before we start so you and your attorneys can review it. If either of you would rather have your own agent, say so, and nobody will take it personally.

Do we have to sell the house, or can one of us keep it?

You are not required to sell. There are really three paths. One spouse buys out the other and refinances into their own name, which hinges on qualifying alone. You both keep the home for a set period, sometimes until a child finishes school, with a written agreement about who pays what and when it eventually sells. Or you sell now and divide the proceeds. Each has a real cost. A buyout takes qualifying income. Co-owning after divorce keeps you financially tied to someone you just separated from, and it needs a very specific written agreement about payments, repairs, and the trigger to sell. Selling is cleanest but it is the one that moves everyone. Your attorney should walk you through the financial exposure of each, and we can price out what the home would actually bring so the decision is made on real numbers.

How do we figure out what the house is worth for a buyout?

Usually one of three ways, and it is worth agreeing on the method before you argue about the number. You can agree on a broker valuation, and we will give you a written one with the comparable sales behind it. You can hire a licensed appraiser, and in a contested case attorneys often prefer a certified appraisal because it holds up better. Or you can each get a valuation and split the difference, or agree on a third party to break the tie. Whichever you pick, the buyout math is the same: the agreed value, minus what is owed, gives the equity, and the buying spouse pays the leaving spouse their share of it. Ask your attorney which form of valuation your court or mediator will actually accept before you pay for one.

What if my ex and I aren't speaking?

That's more common than you might think. We keep both of you equally informed and can coordinate through attorneys if needed, so the sale can move forward without direct contact.

Can we list the home before the divorce is final?

Yes, and most divorce sales happen before the divorce is final. But there is a California rule you need to know about first. When a divorce is filed, automatic temporary restraining orders kick in under Family Code section 2040. They bind the filing spouse the moment the petition is filed and the other spouse the moment they are served. Among other things, they restrain either of you from selling or transferring real property. So the home can absolutely be sold during the divorce, but it takes either the written consent of both spouses or a court order. In practice that is routine and your attorneys handle the paperwork. What it means for us is simple: we confirm that consent or order is in place before we go on market, so an accepted offer never falls apart on a technicality.

Who pays for repairs and prep before listing?

Whoever your agreement says, and this is worth settling in writing before the first contractor shows up. Common approaches: the spouse still living in the home covers the cost and gets reimbursed off the top at closing, the costs get split and come out of proceeds, or the work gets paid directly out of escrow at closing so neither of you writes a check now. That last one is often the easiest when cash is tight on both sides. What causes fights is doing the work first and arguing about it later. We will give you a prioritized list of what actually returns money and what does not, so the spend stays small and defensible, and then your attorneys put the reimbursement terms in writing.

Will the timing of the sale affect our taxes?

Sometimes, and it is worth asking before you pick a closing date. The tests that matter are whether you owned and lived in the home 2 of the last 5 years, and whether you used the exclusion on another sale in the last 2 years. If you are close to either line, moving a closing by a few weeks can change what you owe. There is also a proration rule: if a job move of 50 miles or more, a health reason, a death, or a divorce forces an early sale, you can often claim a partial exclusion instead of losing it. Tell us early if any of those apply and we will build the timeline around them, with your CPA confirming the tax side.

What if we disagree about the list price?

We show you both the same market data and recommend a range. Agreeing ahead of time on how you'll handle price changes, such as reviewing after a set period, helps avoid standoffs.

Will buyers know we're divorcing?

Not from us. Our marketing focuses on the home, and we keep your personal circumstances private.

Can you help each of us find a new place afterward?

Yes. Once the sale is complete, we're happy to help either of you buy or find your next home, working separately with each person.

Where we work

Valencia Saugus Canyon Country Newhall Stevenson Ranch Castaic

The method

How we do it

Read the whole process, step by step

Keep exploring

Dubner Real Estate Group home For sellers Neighborhoods

Ready to make your move with Dubner Real Estate Group?

Get in touch Call 661-219-5517

Michelle and Jon Dubner, REALTORS with Equity Union in the Santa Clarita Valley

Meet the team

You would be working with our team

We are Michelle and Jon Dubner, husband and wife, and Dubner Real Estate Group is ours. Our team is here to serve you: to understand what you are hoping for, walk you through it step by step, and make sure you get there. Michelle answers her own phone and is quickest by text, so ask us anything, at any point, however small it feels.

Michelle Dubner DRE #01496647 Jon Dubner DRE #02118617 Equity Union

661-219-5517 More about us