When Should You List the House? And What Happens First? A Step-by-Step Timeline for Divorcing Sellers

Divorce is not just an emotional process—it’s a legal and financial one that often involves shared property, especially the family home. In San Diego, where property values are substantial, making the right decisions about when to list your home can significantly impact your outcome. Selling during a divorce is possible, but it depends heavily on the legal stage you’re in, how cooperative both parties are, and what agreements have been reached. Every step in the divorce timeline introduces new considerations, from automatic restraining orders to post-judgment enforcement. This blog walks you through each phase so you understand exactly what happens—and when—to make informed decisions about your home.

• Filing the Divorce Petition

• Financial Disclosures & Preliminary Planning

• Temporary Agreements or Court Orders

• Negotiating the Settlement or Going to Trial

• Final Judgment and Post-Divorce Sales

Filing the Divorce Petition

The divorce process officially begins when one spouse files a petition and serves the other. In California, this triggers automatic restraining orders that prohibit either party from selling, transferring, or borrowing against community property—like the family home—without written consent or court approval. These rules are standard across the state, including in San Diego. This means that even if one spouse wants to list the home immediately, both must agree or seek a court’s permission. Trying to sell the home unilaterally can lead to legal consequences and further complicate the divorce. At this point, real estate decisions are on hold until both parties are legally and logistically aligned.

Financial Disclosures & Preliminary Planning

Soon after filing, both spouses are required to exchange financial disclosures detailing their income, expenses, assets, and debts. This includes the home’s estimated market value, which becomes a major factor in the division of property. San Diego homeowners often obtain a broker price opinion or a comparative market analysis to support these disclosures. These financial reports are not just formalities—they help attorneys and courts assess whether one spouse can buy out the other, or whether selling is necessary. This stage is also ideal for financial planning, such as understanding tax implications, mortgage liabilities, and the timing of a potential sale. The clearer the financial picture, the more strategic your real estate decisions can be.

Temporary Agreements or Court Orders

Some couples reach mutual agreements during the divorce that allow them to list the home before the case is finalized. Others rely on temporary court orders to determine who lives in the home, who pays the mortgage, and whether the property can be sold. In San Diego, judges routinely issue such orders when needed. If a home is listed before final judgment, both spouses must agree on terms such as the list price, the choice of real estate agent, and how offers will be handled. Disagreements can delay the process, or the court may step in and assign a neutral listing agent. During this phase, transparency and cooperation are critical to moving forward without creating further conflict.

Negotiating the Settlement or Going to Trial

The home often becomes the centerpiece of divorce settlement negotiations. Spouses may agree to sell the home and split the proceeds, or one may choose to buy out the other’s share. If no agreement is reached, the case moves to trial, where the judge will determine how property—including the house—is divided under California’s community property rules. This can include ordering the sale of the home or setting terms for a deferred sale. In San Diego, where home equity can be significant, real estate is typically one of the most valuable assets on the table. That makes strategic negotiation essential to ensure fairness and financial security for both parties.

Final Judgment and Post-Divorce Sales

Once the divorce is finalized, the court issues a judgment that outlines how property will be handled moving forward. If the home wasn’t sold during the divorce, the judgment will often detail when and how it should be sold, who is responsible for the sale, and how the proceeds will be distributed. Post-divorce sales are common, particularly when children are involved and a temporary delay was agreed upon. In San Diego, enforcement of final judgments is handled through the family court if one party fails to comply with the agreed sale terms. At this point, the legal process has ended, but following through with the sale still requires communication, planning, and professional real estate guidance.

Conclusion

Selling a home during a divorce in San Diego follows a timeline shaped by legal stages, financial obligations, and mutual agreements. From filing the petition to final judgment, each phase comes with specific rules and considerations that influence whether—and when—the home can be sold. Understanding this timeline helps both parties make informed decisions, avoid legal pitfalls, and move through the process with greater clarity. Whether the home is sold early or after the divorce is finalized, every step matters. A structured approach can turn a challenging transition into a manageable and fair process for everyone involved.

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.