Divorce & separation — Alameda County
Selling the house in a divorce?
One fair offer you can both sign.
No listing to manage together, no showings, no repairs to argue over. A written cash offer within 24 hours, a closing date that fits your agreement, and the proceeds split at closing.
About a minute · No obligation · Or call (510) 706-7203
What to know
The house is often the hardest thing to divide. Selling it doesn’t have to be.
For most couples, the house is the biggest shared asset and the most emotional one. A traditional sale asks two people who are separating to agree on an agent, a list price, repairs, staging, and every offer and counteroffer, often while one of them still lives there.
A direct cash sale takes most of those decisions off the table. You get one written offer, you each review it with your attorney or mediator, and if it works, you sign and close.
Who has to agree to the sale
California is a community property state: a home bought during the marriage is generally presumed to belong to both spouses equally, even if only one name is on the title. In practice, title companies usually want both spouses to sign.
Once a divorce case is filed and served, automatic restraining orders printed on the summons bar both spouses from selling or transferring property without the other’s written consent or a court order. So a sale while the case is open needs both signatures or a judge’s approval. After the judgment, a sale follows whatever the judgment says.
Your options for the house
Couples usually do one of three things. One spouse buys out the other and refinances the loan into their own name. Both keep the house for a while, often until the kids finish school. Or they sell and divide the proceeds. A buyout needs a fair value; a written cash offer is one data point for that conversation, alongside an appraisal.
How the money is split
At closing, the title company pays off the mortgage and any liens, then pays out what’s left according to instructions you both sign, or according to a court order. Some couples split evenly; others adjust for a buyout, support or separate-property claims. Your attorneys or mediator settle the split. The title company just follows it.
Taxes to ask about
A married couple filing jointly can generally exclude up to $500,000 of gain on the sale of a main home, and a single filer up to $250,000, if they’ve owned and lived in it for two of the last five years. Divorce can change which limit applies and when, so talk to a CPA before you choose a closing date.
General information about California rules as of October 2026, not legal, tax or financial advice. Laws change and every situation is different, so check the details with an attorney, CPA or housing counselor.
How it works
Divorce: how the sale works.
Tell us about the house
Either spouse can start. We’ll ask whose names are on title and where things stand in the case.
Get one written offer
Usually within 24 hours, shared with both of you, so nobody is negotiating in the dark.
Review it with your attorneys
Take the time you need. When you’re both ready, you each sign, separately if you prefer.
Close and split the proceeds
The title company pays off the loan and pays out the rest by your signed instructions or the court’s order.
Why sell to us
A direct cash sale vs. listing with an agent
| Feature | EZ Home Offer | Listing with an agent |
|---|---|---|
| Commissions & fees | None | Often around 5% of the price |
| Repairs & cleaning | None, sell as-is | Often required |
| Showings & open houses | None | Many |
| Time to close | As little as 3 days | Often 60–90+ days |
| Closing date | You choose | Buyer’s schedule |
| Financing fall-through | Low risk, cash offer | Common |
Common questions
Divorce: your questions, answered.
Can we sell the house before the divorce is final?
Yes, if you both agree in writing or the court orders the sale. The automatic restraining orders in a California divorce stop one spouse from selling without the other’s consent; they don’t stop a sale you both sign.
What if my spouse won’t agree to sell?
Then the decision goes to the court, which can order a sale or award the house to one spouse as part of dividing the property. Talk to your attorney. We can wait until there’s a decision.
Only my name is on the title. Do I need my spouse’s signature?
Usually, yes. A house bought during the marriage is presumed to be community property no matter whose name is on title, and title companies will typically require both signatures or a court order.
One of us still lives in the house. Is that a problem?
No. There are no showings, and the closing date can be set to give whoever lives there time to move.
How fast can we close?
In as little as 3 days once title is clear and you’ve both signed. Many couples choose a later date to line up with their settlement.
How do you determine your offer?
We look at the property’s condition, the repairs it needs, and recent comparable sales nearby. We walk you through how we got to the number, with no pressure to accept.
Are there any fees or commissions?
No. You won’t pay agent commissions or pay us any fees. We cover typical closing costs, so the offer you accept is what you can expect to walk away with, minus any existing liens or mortgage payoff.
Are you real estate agents?
No. We’re real estate investors, not licensed agents or brokers, and we don’t list homes. We may buy your property directly or assign our purchase contract to another investor buyer. We’ll always tell you exactly how the deal is structured.
Other situations
Whatever’s going on, we can help.
- Inherited houseHow it works →
- Facing foreclosureHow it works →
- Rental with tenantsHow it works →
- Fire damageHow it works →
- Major repairsHow it works →
- Vacant houseHow it works →
- Code violationsHow it works →
- RelocatingHow it works →
- DownsizingHow it works →
- Assisted livingHow it works →
- Hoarder houseHow it works →
- Selling as-isHow it works →
The direct line