Divorce and the Deferred Sale of the Family Residence

At the Law Office of David P Schwarz we are experienced Divorce Lawyers who handle many Deferred Sale of the Family Residence Court Orders in Orange County. Please contact our law office at 949 735-9266 or via the web. We can also be reached via email at dpslaw66@gmail.com

Under family code section 3800-3810 the Court can order a deferred sale of the family residence. This order very practical to maintain a residence for a party that has minor children living with them. The Court must have awarded sole or joint custody of the child or children to that party. To make this a feasible alternative to sale of the family residence.

A Divorce attorney will assist you in making sure the Court takes a careful look at whether a party can maintain the mortgage, property tax, and insurance payments.

In addition, at the Orange County Law Office of David P Schwarz we will help the Court determine if the party living in the residence can maintain the equity in the home by looking at if they receive spousal support, child support and any others source of income. Once the Court has decided the economic feasibility of the party living in the home it then must decide several other factors in order to determine if a Deferred Sale of the Family Residence can be ordered. These factors are:

  1. Length of time the Children have live in the Home. This is a very important fact that often is the deciding factor in deferred sales.
  2. The Grades of the children in School. If they are doing well in school the Court would be more likely to grant a deferred sale.
  3. Whether the child or parent has a particular disability that requires special accommodation and by moving it would interfere with the that parent or child’s special needs.
  4. The emotional detriment by moving out of the home. If the child has developed an attachment to the home and it would be difficult for the child to move the court will consider this in making their order.
  5. If the parent residing in the house has employment nearby and if they continued to reside in the house they could continue their employment.
  6. The non resident parents hardship at having to find other housing and if they have they will suffer unduly by having to reside elsewhere.
  7. The tax consequences of reserving the sale of the Family Residence.

A Divorce Lawyer can assist the Court in determing that the Court should order a Deferred Sale of the Family Residence. Once the Court has determined there should be a deferred sale of the Family Residence then the parent who lives in the house will have certain responsibilities. The residing parent will have to pay the mortgage, property taxes, homeowners insurance The parties will also hold the home as Tenants in Common and not Joint Tenants. The Court will continue to reserve jurisdiction over the Sale of the Residence.

The Court has broad discretion to make these orders and can weigh one factor more than the other. It all depends on the needs and detriments between the parties.

The Order can be modified or terminated at anytime by the Court. Also the remarriage of one of the parties and or a change of circumstance occurs will effect the “determinations” the Court used in drafting the Order. There is a rebuttable presumption that if these changes occur that the deferral is no longer appropriate.

At the Law Office of David P Schwarz we are highly qualified Orange County lawyers who can protect your interest in the Deferred sale of the Family Residence. Please contact our office at 949 735 9266 or via the web. We can also be contacted via email at dpslaw66@gmail.com.

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