CA Fam Code Section 3802


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.


In exercising its discretion to grant or deny a deferred sale of home order, the court shall consider all of the following:


The length of time the child has resided in the home.


The child’s placement or grade in school.


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.


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.


The emotional detriment to the child associated with a change in residence.


The extent to which the location of the home permits the resident parent to continue employment.


The financial ability of each parent to obtain suitable housing.


The tax consequences to the parents.


The economic detriment to the nonresident parent in the event of a deferred sale of home order.


Any other factors the court deems just and equitable.
Last Updated

Aug. 19, 2023

§ 3802’s source at ca​.gov