Chapter 8. Deferred Sale Of Home Order of California Family Law Code >> Division 9. >> Part 1. >> Chapter 8.
As used in this chapter:
(a) "Custodial parent" means a party awarded physical custody of a
(b) "Deferred sale of home order" means an order that temporarily
delays the sale and awards the temporary exclusive use and possession
of the family home to a custodial parent of a minor child or child
for whom support is authorized under Sections 3900 and 3901 or under
Section 3910, whether or not the custodial parent has sole or joint
custody, in order to minimize the adverse impact of dissolution of
marriage or legal separation of the parties on the welfare of the
(c) "Resident parent" means a party who has requested or who has
already been awarded a deferred sale of home order.
(a) If one of the parties has requested a deferred sale of
home order pursuant to this chapter, the court shall first determine
whether it is economically feasible to maintain the payments of any
note secured by a deed of trust, property taxes, insurance for the
home during the period the sale of the home is deferred, and the
condition of the home comparable to that at the time of trial.
(b) In making this determination, the court shall consider all of
(1) The resident parent's income.
(2) The availability of spousal support, child support, or both
spousal and child support.
(3) Any other sources of funds available to make those payments.
(c) It is the intent of the Legislature, by requiring the
determination under this section, to do all of the following:
(1) Avoid the likelihood of possible defaults on the payments of
notes and resulting foreclosures.
(2) Avoid inadequate insurance coverage.
(3) Prevent deterioration of the condition of the family home.
(4) Prevent any other circumstance which would jeopardize both
parents' equity in the home.
(a) If the court determines pursuant to Section 3801 that it
is economically feasible to consider ordering a deferred sale of the
family home, the court may grant a deferred sale of home order to a
custodial parent if the court determines that the order is necessary
in order to minimize the adverse impact of dissolution of marriage or
legal separation of the parties on the child.
(b) In exercising its discretion to grant or deny a deferred sale
of home order, the court shall consider all of the following:
(1) The length of time the child has resided in the home.
(2) The child's placement or grade in school.
(3) The accessibility and convenience of the home to the child's
school and other services or facilities used by and available to the
child, including child care.
(4) Whether the home has been adapted or modified to accommodate
any physical disabilities of a child or a resident parent in a manner
that a change in residence may adversely affect the ability of the
resident parent to meet the needs of the child.
(5) The emotional detriment to the child associated with a change
(6) The extent to which the location of the home permits the
resident parent to continue employment.
(7) The financial ability of each parent to obtain suitable
(8) The tax consequences to the parents.
(9) The economic detriment to the nonresident parent in the event
of a deferred sale of home order.
(10) Any other factors the court deems just and equitable.
A deferred sale of home order shall state the duration of the
order and may include the legal description and assessor's parcel
number of the real property which is subject to the order.
A deferred sale of home order may be recorded in the office
of the county recorder of the county in which the real property is
The court may make an order specifying the parties'
respective responsibilities for the payment of the costs of routine
maintenance and capital improvements.
Except as otherwise agreed to by the parties in writing, a
deferred sale of home order may be modified or terminated at any time
at the discretion of the court.
Except as otherwise agreed to by the parties in writing, if
the party awarded the deferred sale of home order remarries, or if
there is otherwise a change in circumstances affecting the
determinations made pursuant to Section 3801 or 3802 or affecting the
economic status of the parties or the children on which the award is
based, a rebuttable presumption, affecting the burden of proof, is
created that further deferral of the sale is no longer an equitable
method of minimizing the adverse impact of the dissolution of
marriage or legal separation of the parties on the children.
In making an order pursuant to this chapter, the court shall
reserve jurisdiction to determine any issues that arise with respect
to the deferred sale of home order including, but not limited to, the
maintenance of the home and the tax consequences to each party.
This chapter is applicable regardless of whether the deferred
sale of home order is made before or after January 1, 1989.