Chapter 8 - Deferred Sale of Home Order

California Family Code — §§ 3800-3810

Sections (10)

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

As used in this chapter:

(a)“Custodial parent” means a party awarded physical custody of a child.

(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 child.

(c)“Resident parent” means a party who has requested or who has already been awarded a deferred sale of home order.

§ 3801

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

(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 the following:

(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.

§ 3802

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

(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 in residence.

(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 housing.

(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.

§ 3803

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

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.

§ 3804

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

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 located.

§ 3806

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

The court may make an order specifying the parties’ respective responsibilities for the payment of the costs of routine maintenance and capital improvements.

§ 3807

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

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.

§ 3808

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

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.

§ 3809

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

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.

§ 3810

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

This chapter is applicable regardless of whether the deferred sale of home order is made before or after January 1, 1989.