How to Sell Your House During a Divorce in Riverside, CA
Divorce is tough — and trying to sell a house at the same time can feel overwhelming. If you live in Riverside County and need to sell your Riverside house quickly, there are important steps you need to understand.
This article will explain:
- Where to find local help and what happens next
- Who gets to make decisions about the sale
- What California law says about selling a home during divorce
- How court rules can delay or block a sale
- What to expect if you and your spouse don’t agree
Table of Contents
Both Spouses Must Agree to Sell the House
In California, if a home was bought during the marriage, the law says it belongs to both spouses, even if only one name is on the title or mortgage. This is called community property.
That means you can’t sell the house alone, even if you’re the one paying for it. You and your spouse have equal rights to the home, and both of you must agree before it can be sold — who gets the house in a California divorce depends on several legal factors.
This law applies everywhere in Riverside County — from Corona and Moreno Valley to Temecula and Lake Elsinore. It’s based on Riversides community property law, which applies in all divorces unless a legal exception is made.
If you try to move forward without agreement, the sale won’t go through. Even your agent or title company will likely block it once they see the divorce paperwork or title status.
You Can’t Sell the House Once Divorce Is Filed (Without Agreement)
Once a divorce case is filed in California, a special court rule kicks in. It’s called an Automatic Temporary Restraining Order, or ATRO.
ATROs are not about restraining people — they’re about freezing major financial moves. That includes selling the family home.
What ATROs Do
ATROs are printed right on the divorce paperwork. The moment one spouse files for divorce, neither person is allowed to:
- Sell the house
- Transfer it to someone else
- Take out a loan or refinance
- Change ownership on paper in any way
This rule applies to all homes considered community property — even if only one spouse’s name is on the deed.
What This Means for You
If you’ve already filed for divorce in Riverside County, you cannot sell the house without your spouse’s written agreement — or a judge’s order.
Many people don’t realize this until they’re already in the middle of trying to sell. Agents may back out. Escrow may fall apart. And if a sale happens anyway, the court can undo it.
You can read the full rule about ATROs here.
What the Riverside Family Court Can Decide
When you and your spouse don’t agree on what to do with the house, the family court in Riverside County can make the decision for you. But this only happens after divorce papers are filed and both sides have had a chance to be heard.
The Judge Can:
- Order the house to be sold
- Let one spouse stay in the home for now
- Delay the sale until other parts of the divorce are settled
- Decide how the money will be handled once the house is sold
In many cases, the judge will give one person temporary control of the home, especially if children are living there. But that doesn’t mean they get to keep it forever — it’s just until a final decision is made.
This Can Take Time
Divorce cases in Riverside often take months — and sometimes more than a year — especially if the couple disagrees on property or money issues. If you’re hoping to sell quickly, going through court may slow things down.
You can find more information about local court procedures at the Riverside Family Law Division.
Common Problems That Slow the Process
Even when both people want the divorce to move forward, the house can still cause delays. Selling during divorce brings a mix of legal, emotional, and practical challenges — especially in Riverside County where timelines can stretch out due to court wait times or housing logistics.
One Person Won’t Move Out or Refuses to Sell
It’s common for one spouse to want to stay in the home. Maybe they’re raising kids, or maybe they just aren’t ready to let go. But if that person won’t agree to sell, the process stalls.
Even if you’re not living in the home, you can’t force a sale unless a judge orders it. That often means filing legal motions or waiting until the full divorce is finalized.
Communication Breaks Down
You might start out trying to work together — but emotions run high. People stop returning texts, won’t answer calls, or argue over things like:
- Who picks the real estate agent
- What price to list the home
- Whether to make repairs or sell as-is
- When to schedule showings
If one person keeps delaying or making changes, the house can sit for months with no progress.
Paperwork or Ownership Isn’t Clear
Many couples forget to check who’s legally on the title or mortgage. This becomes a bigger problem during divorce — especially if:
- One spouse bought the house before marriage
- There was a refinance or second loan
- Paperwork is missing, outdated, or incomplete
In Riverside County, the Assessor-County Clerk-Recorder’s Office can help confirm who’s on the title. But if things don’t match up, it can hold up escrow or stop the sale completely.
Options If You Want to Sell and Your Spouse Doesn’t
Sometimes, one spouse is ready to sell the house and move on — while the other isn’t. If you’re in that situation, you’re not stuck. There are ways to keep the process moving, even when the other person says no.
Try to Reach an Agreement First
The easiest path is still a mutual agreement. If possible, talk it out calmly or ask your attorneys to help find middle ground. You might agree on things like:
- A sale date
- A listing price
- Who gets to stay in the home until it’s sold
- How money will be split afterward
If that’s not possible, there are still legal steps you can take.
Use Mediation or a Written Agreement
Mediation is a good option in Riverside County. It gives both people a chance to talk things through with a neutral third party. If you both sign off on a sale agreement in writing, it becomes legally binding — and the house can be sold without further delay.
You can find more information through the Riverside Superior Court’s mediation programs.
Ask the Court to Order the Sale
If you can’t agree at all, you can file a motion asking the judge to order the home sold. This takes time, but it does happen — especially if:
- You’re paying the mortgage alone
- The house is losing value or creating debt
- Neither person wants to keep it
Judges will look at fairness and the best outcome. But it’s not automatic — you’ll need proof and possibly a hearing.
The Risk of Waiting Too Long
If the home just sits and no one takes action, it may:
- Fall behind on payments
- Lose value in a slow market
- Lead to foreclosure or extra court costs
If you’re worried about this, talk to your attorney or ask the court for permission to sell.
What Happens to the Money From the Sale
Once the house sells, the next big question is: who gets the money?
In most divorce cases in Riverside County, the proceeds from the home are split 50/50 — but there are exceptions.
How Community Property Is Divided
If the house is community property (bought during the marriage), California law says both spouses are entitled to an equal share of the value.
That means:
- Mortgage is paid off from the sale
- Escrow and fees are covered
- Whatever is left gets divided evenly — unless a judge says otherwise
Even if one person made more of the payments, both are usually considered equal owners under the law.
What If One Person Put In More Money?
Sometimes one spouse paid the down payment, covered more of the mortgage, or paid for repairs. They may ask for a larger share. That’s called a reimbursement claim, and it must be approved by the court.
The judge might adjust the final split — but it’s not automatic.
Where Does the Money Go After the Sale?
Usually, the money is:
- Held in a special escrow account
- Split once the divorce agreement is final
- Or handled based on what the court orders
Until the divorce is finalized or a written agreement is made, the money often stays in escrow or a trust account. This helps prevent one person from taking all the cash.
Local Tips for Moving Forward
Selling a house during a divorce in Riverside County takes more than just paperwork. Staying organized and making smart decisions early on can save you time, stress, and money. For a statewide perspective, check out our step-by-step guide to selling a house during divorce in California.
Here’s what can help:
Keep Clear Records
Even if things are tense, try to keep track of:
- Mortgage payments and utility bills
- Communication between you and your spouse
- Any agreements (texts, emails, or written notes)
If there’s a dispute later, these details help your attorney or the court make fair decisions.
Get Legal Help Early
Don’t wait until things get messy. Talk to a divorce attorney early if:
- You’re unsure about who owns what
- You’re worried the other person might try to block the sale
- You want to avoid going to court
Local family law help is available through the Riverside County Family Law Assistance Center, which offers guidance for people representing themselves.
Don’t Assume the Title Gives You Control
It doesn’t matter if only your name is on the deed or mortgage. If the house was bought during marriage, it still belongs to both of you under California law — unless a signed agreement or prenup says otherwise.
How SoCal Home Buyers Can Help
Selling a house during divorce doesn’t have to be this hard.
If you’re tired of waiting, arguing, or feeling stuck — SoCal Home Buyers can give you a faster way out. We buy houses across Riverside County directly from homeowners, no agents or repairs needed. And if both spouses agree, we can help you skip most of the steps that slow things down.
Here’s what makes us different:
- No cleaning or fixing anything — we buy the house exactly as it sits
- No commissions or closing costs — you keep more of the money
- We close on your timeline — as fast as 7 days, or when you’re ready
- We work with both spouses — fairly and clearly, even during a divorce
- We handle the paperwork — and can coordinate with attorneys or escrow
Whether you’ve already filed for divorce or you’re just thinking ahead, we’ve helped dozens of couples in Riverside sell their home without extra stress.
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Fill out the quick form below or call us directly. We’ll give you a fair cash offer, talk through your timeline, and let you decide what’s best.
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