Deferred Home Sales

During the divorce process in California, you and your future ex-spouse may decide to downsize and thus sell your family home. However, it is within the power of the court to issue a deferred sale of home order, also known as a “Duke Order”. In this situation, you or your spouse may stay in the marital home with your children for a few years if the judge determines that this is in the children’s best interest.

Factors Judges Consider Before a Deferred Sale of Home Order Is Issued

According to the law, the court has to take into consideration several parameters when considering deferred sales. For instance, the court will have to determine if it’s economically feasible for you or the other party to maintain your mortgage payments during the deferment period. As a result, the court will look at your income and how much child support or spousal support you’ll receive if you plan to stay in the house.

Other factors that the court will look at include how long your children have resided in the house, as well as what your children’s grade levels are. Also, how detrimental would it be for your children to have to relocate? The judge’s goal in examining these factors is to issue a deferred sale of home order only if this will help to minimize your divorce’s impact on your children.

Get Help with the Deferred Home Sale Process Today!

Navigating the deferred home sale process can understandably be overwhelming during the divorce process. That’s where I come in. Get in touch with me today so that I can help you get through the process with confidence.