The question of whether you can force your spouse to sell the home in a divorce seems like a simple one, but the answer can sometimes involve complex analysis. It is an issue that often arises because the home is one of the largest investments many married couples make.
This article will provide some helpful background information to assist you in understanding potential issues, but we recommend seeking legal guidance on your specific situation, given the complexity of the issues and the significant value the home for many families.
- California Family Code §2550. California Family Code §2550 governs the division of property in a California Divorce. The full text can be found here: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=2550.
- How does this law apply in practice? This law provides that family court judges must divide the community estate equally, but this doesn’t speak to one specific asset, such as the house. It refers to the whole of the community property estate, which will include other assets, such as money in the bank, vehicles, etc., and also debts, such as credit card debt, student loans, etc.
- What is the bottom line? When Section 2550 applies the home, the bottom line is that one party may be awarded the home, but only when there is equality in the totality of the division of assets such that the other party’s right to reimbursement or an equalization payment is honored. It is also true that a judge can order the sale of the home as per the authority provided by this law.
- What is partition and how is it used in a divorce to force the sale of the home
- Where is the law governing partition? You can find California Code, Code of Civil Procedure §872.210 here: https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-872-210.html
- Can Partition be Used in Divorce? No, unless there are special circumstances involved, a partition action is specifically excluded for divorce proceedings: “an action between spouses or putative spouses for partition of their community or quasi-community property or their quasi-marital interest in property may not be commenced or maintained under this title.”
Consult with the Law Office of David Knecht
If you have questions about how your home will be divided in a divorce or any other family law question, please contact the attorneys at the Law Office of David Knecht, at 707-451-4502. We have extensive experience in family law and can be a knowledgeable advocate for you.
