When going through a divorce in California, one of the most critical decisions a couple must make is what to do with the family home. For many families, particularly those with minor children, an immediate sale may not be the best option. Instead, courts may order a deferred sale of the family home, allowing one spouse and the children to remain in the home for a set period before it is sold.
What is a Deferred Sale of Home Order?
A deferred sale of home order is a court order that postpones the sale of the family home for a specified period, typically to provide stability for children. This order allows the custodial parent and the children to remain in the home while delaying the division of the property.
Legal Basis for a Deferred Sale Order
Under California Family Code § 3800-3810, courts have the authority to grant a deferred sale of home order if it is in the best interest of the minor children. The court will consider several factors before issuing this order, including:
The child's need for continuity and stability in their home and school environment.
The financial ability of the resident parent to maintain the home.
The financial impact on the non-resident parent if the sale is delayed.
The availability of alternative housing for both parents.
Whether the home can be maintained without undue hardship.
Who Qualifies for a Deferred Sale of Home Order?
The court may grant a deferred sale order when:
The custodial parent has primary physical custody of the children in the family home.
Selling the home immediately would negatively impact the children.
The custodial parent has the financial means to maintain the home, including mortgage payments, property taxes, and maintenance costs.
The non-custodial parent’s financial interests are not significantly harmed by the delay in selling the home.
How Long Can a Deferred Sale Order Last?
There is no fixed timeline for a deferred sale order, but courts typically set an end date based on:
The age of the children (e.g., until the youngest child turns 18 or graduates high school).
The custodial parent’s ability to afford the home long-term.
The financial implications for the non-resident spouse.
A deferred sale of the family home can be a valuable tool in California family law cases, particularly for families with minor children. While it provides stability, it also comes with financial considerations for both parents. If you are navigating a divorce and considering this option, consulting with a California family law attorney can help you determine if a deferred sale order is right for your situation.
If you have a case in Orange County or Los Angeles County, schedule a consultation:
Payne Law Group
Orange County Divorce Lawyers
Opmerkingen