6 Reasons Why Selling the House First Before Completing A Divorce in California can be a Good Idea!


By Debbie Wong November 24, 2023

Key Points

Fair Asset Split: Selling the house ensures a fair distribution of proceeds.

Financial Relief: No more shared financial burdens.

Tax Benefits: Capital gains tax exemptions can save you money.

Going through a divorce is tough, and one of the biggest challenges is figuring out how to divide everything you and your spouse have shared. In California, where property values can be sky-high, deciding to sell the family home before finalizing your divorce can be a smart move. Let’s dive into why selling the house first can be a good strategy for couples going through a divorce in the Golden State.

1. Fair Split of Assets

In California, the law says that marital assets should be divided equally between spouses. Selling the house first can make sure both parties get a fair share of the money from the sale. This can help avoid fights over the house’s value or what to do with it later. It’s a straightforward way to make sure both sides are happy and can help speed up the divorce process.

2. Easier Asset Division

Selling the family home can make dividing other assets much simpler. When you sell the house, you get a lump sum of money that can be split evenly. This can help avoid long arguments over who gets what and make the whole process quicker and less stressful.

3. No More Financial Stress

Keeping up with mortgage payments, property taxes, and maintenance costs on a shared home while living separately can be a financial strain. Selling the house and splitting the proceeds can relieve this burden, making it easier for both parties to move on and start fresh without worrying about shared expenses.

4. Tax Benefits

In California, you can get capital gains tax exemptions when selling your primary home—up to $500,000 for married couples and $250,000 for single people. Selling the house before finalizing the divorce means you can take advantage of these tax breaks, potentially saving a lot of money. This can result in a better financial situation for both of you.

5. Letting Go of Emotional Ties

The family home is often filled with memories, which can make it a source of emotional stress during a divorce. Selling the house allows both spouses to let go of those emotional ties and move forward more easily. It’s a step toward a new beginning without the baggage of the past.

6. Simple Split of Sale Proceeds

Once the house is sold, splitting the money is much easier than trying to manage the property together or agreeing on its value. You can divide the proceeds according to your divorce agreement, ensuring a clear and fair resolution.

Other Things to Think About

While selling the family home before finalizing your divorce might not be the best choice for everyone, it offers many benefits. It ensures a fair distribution of assets, removes financial stress from shared expenses, takes advantage of tax breaks, and makes splitting the proceeds simple.

Get Professional Help : It’s important to talk to legal or real estate collaborative specialist like Debbie Wong to figure out the best plan for your specific situation. They can give you personalized advice and help you understand your divorce.

Timing Matters : The timing of the sale can affect your financial outcome. Selling during a good real estate market can get you more money, while selling in a slower market might need more careful planning.

Options for Joint Ownership : If selling the house right away isn’t possible, consider other options like one spouse buying out the other or keeping joint ownership for a while after the divorce. You may also consider talking to a certified divorce financial analyst for a full understanding of your finances.  

Emotional Support : Beyond financial and practical matters, don’t overlook the emotional challenges of selling the family home. A divorce coach or life coach can help you manage the emotional aspects of this process.

Conclusion

Selling your family home before finalizing your divorce in California can be a smart financial and practical decision. It ensures a fair division of assets, eliminates ongoing financial burdens, offers tax benefits, and simplifies the process of dividing proceeds. However, every situation is unique, so it’s essential to consult with legal and financial professionals to determine the best course of action for your circumstances.

By making informed decisions and seeking support from professionals, you can navigate the complexities of divorce more efficiently and set the stage for a smoother transition to your post-divorce life. For more information and personalized advice, schedule a consultation with Debbie Wong today.

Debbie Wong - Divorce and Life Coach

Debbie Wong is a  Real Estate Collaborative Specialist in Divorce and  offers 1-hour sessions of “Financial/Real Estate Advice – Why Divorcing the House First, Makes Sense.”  She is a licensed Real Estate Broker in California DRE# 01074881. This service is limited to California.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult with your own attorney, CPA, or tax specialist for legal, professional advice for your personal situation.

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