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The San Diego Divorce Real Estate Checklist
A comprehensive 7-section checklist covering every real estate decision divorcing couples face in California — from property valuation to buyout math, capital gains, and court-ordered sale procedures.
Property valuation & equity calculation
Buyout math & mortgage qualification
Capital gains tax strategy
Court-ordered sale requirements
Military divorce specifics
Preparing the home for sale
San Diego Divorce Real Estate Checklist
7 sections · 40+ action items · Free PDF
Property Valuation
Buyout Calculation
Legal & Court Requirements
Tax Considerations
Coordination & Communication
Military Divorce Specifics
Preparing the Home for Sale
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What's Inside the Checklist
40+ action items across 7 sections — everything you need to navigate the real estate side of your divorce.
Property Valuation
- Order a Comparative Market Analysis (CMA) from a neutral real estate agent
- Consider hiring a licensed appraiser for a formal valuation (required for some court filings)
- Document all improvements made during the marriage (increases community property value)
- + 2 more items in the full checklist
Buyout Calculation
- Calculate net equity: Fair Market Value − Outstanding Mortgage − Selling Costs
- Determine each spouse's community property share (typically 50/50 in California)
- Account for separate property contributions using the Moore/Marsden formula if applicable
- + 3 more items in the full checklist
Legal & Court Requirements
- Determine whether the sale is voluntary (both agree) or court-ordered (one or both refuse)
- If court-ordered, obtain the Stipulated Judgment or Court Order specifying sale terms
- Identify who has authority to sign listing agreement and accept offers
- + 3 more items in the full checklist
Tax Considerations
- Determine if you qualify for the $500,000 capital gains exclusion (married filing jointly) or $250,000 (single)
- Note: You may still qualify for the $500K exclusion if you sell within 2 years of divorce and both spouses meet ownership/use tests
- Calculate your cost basis: original purchase price + improvements + closing costs
- + 3 more items in the full checklist
Coordination & Communication
- Agree on a single point of contact for the real estate agent (or use a neutral agent)
- Establish a communication protocol for showing requests and offer reviews
- Decide how to handle property maintenance and repairs during the listing period
- + 3 more items in the full checklist
Military Divorce Specifics
- Understand SCRA (Servicemembers Civil Relief Act) protections and how they affect the sale timeline
- Determine how BAH (Basic Allowance for Housing) affects mortgage qualification for the buying spouse
- Address VA loan entitlement: the veteran's entitlement is tied up until the loan is paid off or refinanced
- + 3 more items in the full checklist
Preparing the Home for Sale
- Agree on a pre-listing preparation budget (repairs, staging, cleaning)
- Determine who will manage contractors and repairs
- Decide whether to sell as-is or invest in improvements
- + 3 more items in the full checklist
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