Forcing Sale of House in Divorce

Can I Force My Ex to Sell the House in Divorce?

This question arises a lot, especially in this raging hot market which appears may crash any minute.

If your ex is getting the house, you may want your cash out ASAP!

California Family Code 2108

The law is found in California Family Code 2108. It states, “At any time during the proceeding, the court has the authority, on application of a party and for good cause, to order the liquidation of community or quasi-community assets so as to avoid unreasonable market or investment risks, given the relative nature, scope, and extent of the community estate. However, in no event shall the court grant the application unless, as provided in this chapter, the appropriate declaration of disclosure has been served by the moving party.”

In Theory

In theory, yes, the Courts may order a sale of property for good cause, to avoid unreasonable market or investment risk.

However, in California, where the real estate has consistently been on the upturn since the crash of 2008 – 2011, there does not appear to be any “unreasonable market risk” or “investment risk” in delaying sale of house.

In fact, during the last 10-15 years, I have had couples who decided to keep the house and stay co-owners for their children until grown. Their decision has fared well for their families and pocketbooks. This is known as a Duke Order.

In Practice

Though there is a statute on this topic, in general, Courts do not like to force the sale of houses. This is typically reserved for time of trial (and as you know, it may take YEARS to get to trial in divorce).

If you are in foreclosure, this would be a good point to argue. Otherwise, forcing a sale of the house is morely unlikely than likely.