Does my spouse have to agree to sell our home in a California divorce?

Ideally yes, but if they refuse, you can petition the San Diego Family Court for an order compelling the sale. The court has broad authority to order the sale of community property and can appoint a referee to sign documents on behalf of a non-cooperating spouse.

Can I sell my home during a divorce before the divorce is finalized?

Yes. The property sale can close before the final divorce judgment. In fact, selling while still legally married may preserve the $500,000 capital gains exclusion (vs. $250,000 per person after divorce). The proceeds are held in escrow or distributed per a written agreement pending the final decree.

What happens to our VA loan if we divorce?

The VA loan must be refinanced or paid off to remove one spouse from liability and restore the veteran's entitlement. A divorce decree alone does not remove a spouse from the mortgage. The buying spouse must refinance into a new loan in their name alone — either a new VA loan (if they are the veteran) or a conventional loan.

How is the home valued in a California divorce?

The parties can agree on a value through a joint appraisal, a CMA from a neutral agent, or competing appraisals. If they cannot agree, the court can appoint a neutral appraiser. The date of valuation matters — California courts typically use the date of trial or the date of separation, depending on the circumstances.

What is an Interspousal Transfer Deed and when is it used?

An Interspousal Transfer Deed (or Grant Deed) is used to transfer one spouse's interest in the marital home to the other spouse in a buyout. It is exempt from California property tax reassessment and transfer taxes. It must be recorded with the San Diego County Recorder's Office after the refinance closes.

Do I need a special realtor for a divorce sale in San Diego?

Not legally required, but strongly recommended. A divorce-experienced realtor understands how to work with both parties and their attorneys, present neutral market data, navigate lis pendens and court orders, and structure the transaction to minimize conflict. The Crosby Home Team has extensive experience with divorce sales in Coronado, Imperial Beach, and coastal San Diego.

Divorce & Real Estate in San Diego: Your 2026 Playbook