How to Protect Home Equity When One Spouse Is Opposed to Selling

How do you protect home equity when one spouse is opposed to selling?
In a divorce, the family home is often one of the largest assets, and disagreements over selling can cause both emotional and financial strain. Protecting your equity means understanding California’s property division laws, getting a reliable valuation, and exploring solutions that allow both parties to benefit without forcing a rushed decision.

In San Diego’s market, where the median sale price in July 2025 was $935,000 citywide and $915,000 countywide, even a small change in value can translate into tens of thousands of dollars gained or lost.

Start With an Accurate Home Valuation

The first step in safeguarding equity is to determine the home’s current market value. You can begin with a Comparative Market Analysis (CMA) or Broker Price Opinion (BPO), but if there’s disagreement, an independent appraisal offers the most defensible number.

In a high-value market like San Diego, working with a divorce-savvy real estate professional such as Melina Rissone, RCS-D ensures you have a neutral, data-driven figure to guide negotiations and potential court proceedings.

Explore Alternatives to an Immediate Sale

When one spouse is opposed to selling, several approaches can preserve equity while meeting practical needs:

• Buyout — One spouse refinances the mortgage and pays the other their share of the equity based on current market value.

• Deferred sale (“Duke”) order — California courts can allow the custodial parent to remain in the home for a set period to minimize disruption for children before selling.

• Rental conversion — Lease the home to a third party and split the income while deferring the sale until an agreed-upon date.
  Each option should be backed by a written agreement detailing responsibilities, payment terms, and timelines.

Understand the Legal and Financial Implications

California’s community property laws generally require that marital assets, including home equity, be split equally unless both parties negotiate a different arrangement or the court orders otherwise.

The law focuses on the overall balance sheet rather than splitting each asset in half, meaning equity division can be offset with other marital assets. Timing matters — changes in interest rates, property condition, or market trends can all affect the final net equity if the sale is delayed.

Use Documentation to Support Your Position

Keeping thorough records strengthens your case when protecting equity. Maintain mortgage statements, property tax bills, insurance declarations, HOA documents, and receipts for capital improvements.

This documentation shows not only the current value but also the investments made to maintain or increase the property’s worth. Melina often advises her clients to prepare these materials early, so they are ready if negotiations become contentious.

Keep Emotions and Equity Separate

It’s natural for one spouse to want to keep the home for personal or family reasons, but financial decisions should be guided by long-term stability. Your focus should remain on preserving as much equity as possible, whether through a sale, buyout, deferred arrangement, or rental plan.

In San Diego’s competitive market, where property values can change quickly, a strategic approach can protect your financial future while still respecting emotional attachments.

Final Thoughts

Protecting home equity in a divorce when one spouse is opposed to selling requires preparation, clear communication, and professional support. Starting with a credible valuation, considering alternatives to an immediate sale, and documenting every detail gives you the best chance of preserving the value you’ve built.

Melina Rissone, a Real Estate Collaboration Specialist – Divorce in San Diego, works with clients and their attorneys to create solutions that keep equity protection front and center while navigating the emotional realities of divorce. With the right plan, you can reach a fair outcome without sacrificing financial security.

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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

• 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.

Melina Rissone is very professional she offed recommendations, and suggestions that I had not thought of. In areas that she was not sure of, Melina provided contact person to obtain clarification. It was a pleasure working with her.
                                                               -Beethoven B.