California courts sometimes allow divorcing parents to temporarily delay the sale of the family residence in order to reduce disruption to children. These arrangements are known as deferred sale of home orders.

Deferred sale orders are intended to provide stability for children while parents address financial and housing issues during divorce proceedings.

What Is a Deferred Sale Order?

Under Family Code sections 3800 through 3810, courts may temporarily postpone the sale of the family home and grant one parent exclusive possession of the residence.

The primary goal is minimizing adverse effects of divorce on children.

These orders commonly apply when:

• Minor children remain in the home
• Immediate sale would disrupt schooling
• Housing alternatives are limited
• Financial circumstances justify temporary deferral

Economic Feasibility Requirement

Before granting a deferred sale order, courts must determine whether maintaining the home is financially feasible.

Courts examine:

• Mortgage payments
• Property taxes
• Insurance costs
• Maintenance expenses
• Income of the resident parent
• Availability of child or spousal support

If maintaining the residence is financially unrealistic, courts generally must deny the request.

Factors Courts Consider

California courts consider many factors, including:

• Length of time children lived in the home
• School stability
• Emotional impact of relocation
• Access to childcare and services
• Financial ability to obtain alternate housing
• Tax consequences
• Hardship to the nonresident parent

The court’s focus remains the best interests of the children involved.

Duration of Deferred Sale Orders

Deferred sale orders are temporary.

Courts may delay sale until:

• A child graduates school
• Financial conditions improve
• Another triggering event occurs

Courts retain continuing jurisdiction to later modify or terminate the order.

Consult a California Family Law Attorney

Deferred sale orders involve complicated issues concerning custody, finances, tax consequences, and property rights. Parents considering a deferred sale arrangement should obtain legal advice before agreeing to or requesting such orders.

If your divorce involves the family residence and minor children, you should consult with an experienced California family law attorney to determine whether a deferred sale order may be appropriate in your case.