How to Get Court Approvals for Listing a San Diego Home Mid-Divorce

Divorcing homeowners in San Diego can navigate court approvals by coordinating with attorneys, understanding legal requirements, and ensuring the property is listed in compliance with court orders. As a Real Estate Collaboration Specialist for Divorce (RCS-D), Melina Rissone guides both spouses through the complexities of court-involved sales so the process stays on track.

In many cases, a judge must authorize the listing or sale of a marital property when spouses can’t agree on the sale or when legal restrictions apply. This safeguard protects both parties’ interests, while still making sure that the transaction follows California’s divorce and property laws. With the right strategy and professional support, even court-mandated approvals can lead to a smooth and timely sale.

When Court Approval Is Needed

When divorcing spouses disagree on selling the marital home, or when the property is considered a major marital asset, the court may require approval before it can be listed. In California, this often happens if:

  • One spouse refuses to sell or cooperate.

  • The court needs to divide proceeds fairly as part of the settlement.

  • Protective measures are needed to ensure one party isn’t disadvantaged.

Court involvement isn’t unusual in San Diego divorce real estate cases, but it does add extra steps that sellers should plan for in advance.

Steps to Secure Court Approval

Securing approval generally follows a process that’s coordinated by attorneys and overseen by the court. Sellers can expect:

  1. Filing a motion or request with the court: An attorney will submit documents outlining why the home should be listed.

  2. Review of financials and equity: Courts often request an updated valuation or Broker Price Opinion (BPO).

  3. Appointment of a Realtor: In many cases, the court prefers a neutral real estate professional with divorce-specific training.

  4. Order granting authority to list: Once approved, the property can be listed and marketed under court oversight.

As an RCS-D and a top real estate divorce specialist in San Diego, Melina Rissone is often trusted by attorneys and courts to act impartially and provide fact-based guidance during these steps, including BPOs.

Working with a Divorce Real Estate Specialist

Divorce real estate transactions are very different from traditional home sales. A divorce real estate agent provides neutrality, structure, and communication between spouses, attorneys, and the court. This is essential when emotions run high or when both parties struggle to agree on terms.

By focusing on market data, timelines, and compliance, Melina ensures that decisions are based on facts rather than emotions. This approach keeps the process moving while protecting both spouses’ equity in the home.

Local Insight Matters for San Diego Court Approval

San Diego’s real estate market presents unique challenges. Because San Diego homes often hold significant equity, judges take care to ensure sales are handled properly. In neighborhoods like Point Loma, Mission Hills, or University City, where home values vary widely, accurate valuations and market strategies are especially important.

For divorcing couples, this means that working with an agent who understands the nuances of San Diego real estate, as well as the court approval process, can reduce stress and protect financial outcomes.

Why Choose Melina Rissone?

As an RCS-D with deep insight into the local market, Melina is uniquely qualified to guide clients through court-involved home sales. She acts as an unbiased third party, trusted by both spouses and attorneys, while ensuring the home is marketed effectively and sold at fair market value.

Getting court approval to list your home mid-divorce can feel overwhelming, especially in San Diego. But it doesn’t have to derail your progress. With the right guidance, clear communication, and specialized expertise, you can move forward with a sale that meets both legal requirements and personal goals. If you’re facing a divorce and need to sell your San Diego home under court approval, contact Melina Rissone today.

Melina Rissone, Associated Real Estate Broker Coldwell Banker Global Luxury, Certified Senior Advisor (CSA) and Real Estate Collaboration Specialist – Divorce (RCS-D) in San Diego. I help people going through divorce in San Diego figure out what to do with the house—whether you're ready to sell now or just need a neutral opinion. I help seniors looking to retire in San Diego figure out what to do with the house—whether you're ready to sell now or just need a neutral opinion.

Melina Rissone

Having sold properties for more than 20 years and earning various prestigious awards throughout the course of her career, Melina Rissone has more than earned her reputation as one of San Diego's most skilled and trustworthy real estate brokers selling homes and luxury condominiums. Her loyal clientele would share that Melina brings structure and planning to chaos. She specializes in supporting her clients and their referrals; families and individuals going through divorce and seniors and active adults planning their moves and financial decisions during their retirement years.

  • Coldwell Banker Global Luxury and Institute of Luxury Home Marketing certified.

  • Certified Senior Advisor by the Society of Certified Senior Advisors

  • Cartus Network Inventory Specialist and Cartus Network Marketing Specialist since 2015.

  • RCS-D Designation, a Real Estate Collaboration Specialist for Divorce.

  • SRES Certification through NAR is a Seniors Real Estate Specialist certification.

  • Melina is bilingual in English and German.

  • Recognized as the Top 4% of all real estate brokers in San Diego County in 2021 and the Top 3% of Coldwell Banker International.

  • Coldwell Banker Presidents Elite Award.

  • Recognize as the Top 2% of Coldwell Banker West in 2024.

  • Coldwell Banker Global Luxury and Institute of Luxury Home Marketing Certified.

We were looking to buy a place in SD Northpark and luckily we met up with Melina to show us multiple condo. She is very friendly, personable and very professional agent. We would not hesitate to work with her again.
                                                                         -Chau N.