Cash Home Buyers CA Research · Life Events

California Divorce & Home Sale Report 2026

Divorce filing trends by county, how community property rules apply to the family home, and the options for selling, buying out or keeping it.

Updated October 2026. California courts received 107,146 marital filings (dissolution, legal separation and nullity) in fiscal year 2024-25, down 1.2% from the year before and 23% below FY 2015-16, according to the Judicial Council of California. The stakes are high: 55.9% of California’s occupied homes are owner-occupied (U.S. Census Bureau, ACS 2020-2024), and the statewide median single-family price was $901,420 in August 2026, according to the California Association of REALTORS® (C.A.R.). This report explains the rules and options for the house.

107,146marital filings, FY 2024-25
23%fewer filings than FY 2015-16
25,288filings in Los Angeles County
$901,420CA median single-family price, Aug. 2026

California divorce and home sale data: key findings (October 2026)

Published October 2, 2026. Each statistic below names its source and period.

  • 107,146 marital cases (dissolution, legal separation and nullity) were filed in California in FY 2024-25, down 1.2% from FY 2023-24 and down 23% from FY 2015-16. Source: Judicial Council of California.
  • Largest volumes: Los Angeles County (25,288), San Diego County (10,729), Orange County (8,712), Riverside County (7,695).
  • California is a community property state: property acquired during the marriage is generally community property (Family Code §760) and is divided equally unless the spouses agree otherwise (Family Code §2550).
  • 55.9% of California's occupied homes are owner-occupied, and the statewide median single-family price was $901,420 in August 2026 (U.S. Census Bureau, ACS 2020-2024 5-year; C.A.R.).
Marital (divorce, separation, nullity) filings in CaliforniaStatewide marital filings by fiscal year, FY 2015-16 to FY 2024-25, Judicial Council of California.Marital (divorce, separation, nullity) filings in California050K100K150K200KFY15-16140KFY16-17135KFY17-18131KFY18-19126KFY19-20108KFY20-21114KFY21-22115KFY22-23112KFY23-24108KFY24-25107K
Source: Judicial Council of California, Court Statistics Reports (2026 edition).

Who gets the house in a California divorce?

If the home is community property, its value is divided equally. Spouses can sell and split the proceeds, or one spouse can buy out the other's share.

How many divorces are filed in California each year?

107,146 marital cases (dissolution, legal separation and nullity) were filed in FY 2024-25 (Judicial Council of California).

Marital filings by county (Judicial Council FY 2024-25 and FY 2023-24; households from ACS 2020-2024)
CountyMarital filings FY24-25FY23-24HouseholdsFilings per 1,000 households
Los Angeles25,28825,6823,416,4497.4
San Diego10,72910,5401,171,2789.2
Orange8,7128,8471,082,9608.0
Riverside7,6957,636775,3359.9
San Bernardino6,2466,479674,9159.3
Sacramento4,3444,524571,0577.6
Santa Clara3,9184,078659,3535.9
Alameda3,3403,644598,2465.6
Fresno3,0123,175324,7029.3
Contra Costa2,7892,844414,4176.7
Kern2,5802,643284,9319.1
Ventura2,1562,183280,3607.7
San Joaquin1,8921,960245,2507.7
San Francisco1,8021,781363,9705.0
Stanislaus1,7971,756177,87410.1
San Mateo1,6751,605264,4196.3
Tulare1,5001,532143,19510.5
Solano1,4191,461157,5129.0
Placer1,3721,227157,9548.7
Sonoma1,3331,295190,9987.0
Monterey1,1471,142132,4898.7
Santa Barbara1,0751,069149,6087.2
Merced78374686,0559.1
Butte72067083,3128.6
Kings71375244,05216.2
San Luis Obispo700711109,5036.4
Marin676694103,0186.6
Santa Cruz66264596,8986.8
Shasta65375071,2329.2
Imperial65060649,64413.1
El Dorado61656976,1858.1
Yolo51756576,6936.7
Madera51055145,37911.2
Humboldt38638654,9227.0
Napa37937749,7637.6
Yuba35532628,63512.4
Nevada35136042,8658.2
Sutter33830233,29210.2
Mendocino26129734,8427.5
Lake24526226,9409.1
Tehama24222024,7889.8
San Benito20520520,56110.0
Tuolumne18120422,6908.0
Amador16613616,09110.3
Calaveras16612518,4379.0
Siskiyou16417719,0798.6
Del Norte136909,52214.3
Lassen1231359,24713.3
Glenn100999,81010.2
Colusa62557,5128.3
Plumas53668,0546.6
Inyo49578,0406.1
Mariposa47557,5086.3
Mono42275,7447.3
Modoc34353,26710.4
Trinity30335,5855.4
Sierra991,2197.4
Alpine134352.3

Sources: Judicial Council of California, 2026 Court Statistics Report; California Family Code §760; California Family Code §2550; U.S. Census Bureau ACS 2020-2024 5-year estimates (Census Reporter); C.A.R. August 2026 home sales and price report. Download the data (CSV) · How to cite this report

How many Californians file for divorce, and where?

Filings have declined over the past decade and changed little in the past two years. Judicial Council of California figures show 139,806 marital filings in FY 2015-16, 115,164 in FY 2021-22, 108,436 in FY 2023-24 and 107,146 in FY 2024-25. The FY 2019-20 total (108,432) is not a clean comparison: the Judicial Council notes that court operations were limited between March and June 2020 by the COVID-19 pandemic.

Los Angeles County recorded 25,288 filings in FY 2024-25, followed by San Diego (10,729), Orange (8,712), Riverside (7,695) and San Bernardino (6,246), together more than half the statewide total (Judicial Council). Relative to ACS 2020-2024 household counts, the table above shows the highest rates in Kings (16.2 per 1,000 households), Del Norte (14.3) and Lassen (13.3) counties and the lowest in Alpine (2.3) and San Francisco (5.0); small counties can swing sharply from year to year.

Is the house community property or separate property?

It depends mainly on when and how the home was acquired. Property acquired during the marriage while living in California is generally community property (Family Code Section 760), while property owned before the marriage or received by gift or inheritance is separate (Family Code Section 770). The California Courts Self-Help Guide adds that earnings and acquisitions after the date of separation are generally separate too.

Many homes are a mix. In the Self-Help Guide’s example, a down payment from one spouse’s premarital earnings plus mortgage payments from earnings during the marriage leave the equity part separate and part community. Title matters too: the divorce summons warns that property acquired during the marriage in joint form is presumed to be community property for purposes of division (Family Code Section 2040(c)).

The court divides the community estate equally unless the spouses agree otherwise in writing or by oral stipulation in open court (Family Code Section 2550). A spouse who traces separate funds into a down payment, improvements or loan principal can generally be reimbursed, without interest or adjustment for changes in monetary value and up to the property’s net value, unless the right was waived in writing (Family Code Section 2640). A family law attorney should review title and payment records.

Can you sell the house while the divorce is pending?

Yes, but generally only with your spouse’s written consent or a court order. The divorce summons contains standard restraining orders: Family Code Section 2040 bars both spouses from transferring, encumbering, concealing or otherwise disposing of any property, whether community, quasi-community or separate, without the other party’s written consent or a court order, except in the usual course of business or for the necessities of life. Under Family Code Section 233, the orders apply once the petition is filed and the summons is issued and served, and they last until judgment, dismissal or further court order.

When both spouses want to sell, a signed written agreement generally provides the consent; if they cannot agree, a judge can decide property issues at a hearing or trial (Self-Help Guide). The sale also does not have to wait for the judgment: a divorce cannot become final until six months after the summons and petition are served or the other spouse appears, whichever comes first (Family Code Section 2339), but the house can be sold sooner with consent or a court order.

What are the options for the house?

There are three main paths: sell and divide the proceeds, a buyout, or a deferred sale.

OptionHow it generally worksPoints to settle
Sell and divideEscrow pays the loan and costs; net proceeds are split under the agreement or court order.Price, agent or buyer, holding of proceeds
BuyoutOne spouse pays the other’s share of the equity, which may require refinancing a joint loan.Valuation, new loan, taxes
Deferred saleBy agreement or court order, one parent stays in the home with the children until a later sale.Who pays carrying costs; sale date

A buyout generally avoids a property tax reassessment: the Board of Equalization lists transfers between spouses, including under a divorce settlement or court order, among changes in ownership excluded from reassessment (Revenue and Taxation Code Section 63). For federal income tax, a transfer to a spouse, or to a former spouse incident to divorce (within one year after the marriage ends, or related to its end), generally has no recognized gain or loss, and the receiving spouse takes over the other’s adjusted basis (IRS Publication 504).

A deferred sale of home order, sometimes called a “Duke order,” temporarily delays the sale and gives a custodial parent exclusive use of the home to reduce the divorce’s impact on the children (Family Code Section 3800). The court must first find it economically feasible to keep up the loan payments, property taxes, insurance and the home’s condition (Section 3801), then weigh factors such as how long the child has lived there, school placement, each parent’s ability to find housing and the economic detriment to the other parent (Section 3802). The order states its duration and can be modified or ended by the court, and the resident parent’s remarriage creates a rebuttable presumption that further delay is no longer equitable (Sections 3803, 3807 and 3808).

How are taxes generally handled when divorcing spouses sell?

Each qualifying spouse can generally exclude up to $250,000 of gain on a main home, or $500,000 on a joint return if both spouses meet the residence requirement and at least one meets the ownership requirement (IRS Topic 701 and Publication 523).

Timing matters: you are treated as unmarried for the whole year if you have a final decree of divorce or separate maintenance by the last day of the tax year, and as married if you are only separated (IRS Publication 504), so the sale and judgment dates can affect whether a joint return and the $500,000 limit are available.

Two rules help a spouse who has moved out. If your spouse or former spouse is allowed to live in the home under a divorce or separation instrument and uses it as a main home, you can treat it as your residence while you remain a sole or joint owner. If the home was transferred to you by a spouse or former spouse, you can count the time your spouse owned it, though you must meet the residence requirement yourself (IRS Publication 523).

What practical steps keep a divorce home sale on track?

Put the key decisions in writing before listing:

  • Get consent in writing first. While the case is pending, sign a listing or sale contract only with written consent or a court order.
  • Agree on value and method: the agent, list price and how offers are accepted, or whether to seek cash offers.
  • Assign carrying costs: who pays the mortgage, property taxes, insurance and repairs until closing, and who shows the home.
  • Decide how proceeds are handled. Escrow follows written instructions signed by the sellers; if the division is unsettled, the agreement or a court order can have escrow hold the net funds, for example in a blocked account, until the spouses agree or the court rules.
  • Raise reimbursement claims before escrow closes, and ask a CPA about timing.

Selling as-is to a cash buyer is one option alongside listing with an agent. It can reduce the decisions spouses must agree on, such as repairs and showings, but the same consent rules apply. Learn more about selling a house during a divorce.

Seller takeaway: For the house, the key questions are who must agree to a sale and how the money will be divided. Confirm whether the home is community, separate or mixed property, get written consent or a court order before listing, put carrying costs and proceeds in writing, and have a family law attorney and a CPA review any sale or buyout.

Frequently asked questions

Do both spouses have to sign to sell the house during a divorce?

Generally, yes. If both spouses are on title, both normally sign the listing and sale documents, and while the case is pending the summons orders bar either spouse from selling any property, even separate property, without the other’s written consent or a court order (Family Code Section 2040).

Does a spouse who moves out give up their share of the house?

No. The Self-Help Guide says that until there is a court order, property and debts from the marriage still belong to both spouses, no matter who is using them. Moving out does not by itself change ownership, though it can affect taxes.

Who pays the mortgage while the house is for sale?

The Self-Help Guide notes that a mortgage taken out during the marriage is a community debt both spouses are responsible for, so set out in a written agreement or temporary court order who pays the loan, taxes and insurance until closing.

Can we sell to a cash buyer during a divorce?

Yes, if the consent or court-order requirement is met, as with any buyer. Comparing written offers from a cash buyer and from an agent listing on net proceeds and timing is the practical test; our as-is home sale report compares the approaches.

Methodology and sources

Filing counts are from the Judicial Council of California’s 2026 Court Statistics Report (FY 2024-25, with revised earlier years). Marital filings include dissolutions, legal separations and nullities and count cases filed, not divorces granted; county FY 2023-24 figures are as first published in the 2025 report. Rates per 1,000 households use U.S. Census Bureau ACS 2020-2024 household counts (Census Reporter), and the median price is from C.A.R.’s August 2026 report.

Legal rules are summarized from the California Family Code, Sections 233, 760, 770, 2040 (amended by AB 1297 effective January 1, 2026; the property restraint is unchanged in the version operative January 1, 2027), 2339, 2550, 2640 and 3800-3810; the California Courts Self-Help Guide on property and debts and divorce papers; IRS Topic 701, Publication 523 and Publication 504; and the Board of Equalization’s change in ownership FAQs.

More research: browse all Cash Home Buyers CA research reports, including the California Home Selling Costs Report 2026, the California Free-and-Clear Homes Report 2026 and the California Mortgage Rate Lock-In Report 2026. If you are weighing a sale, read about selling a house during a divorce, learn how a direct cash sale works, or check where we buy.

How to cite this report

Cash Home Buyers CA Research Team. (2026). California Divorce & Home Sale Report 2026. Cash Home Buyers CA. Updated October 8, 2026. https://cashhomebuyersca.com/california-divorce-home-sale-report/

Download the data behind this report (CSV). The data may be reused under CC BY 4.0 with attribution to Cash Home Buyers CA and a link to this page.