Can one spouse force the sale of the house during a California divorce?

Yes, but it requires a court order if the other spouse refuses to cooperate. If you and your spouse cannot agree to sell, either party can petition the family court to order the property sold. The court may appoint a referee to oversee the sale if needed. This process adds time and legal cost, but it ensures neither spouse can indefinitely block the sale of community property.

What if my spouse has already moved out — do we still both have to agree to sell?

Yes. ATROs are based on marital status and community property status, not on who is occupying the home. Even if your spouse moved out years ago, the home remains community property until the divorce is finalized and the court issues a property division order. Both spouses must consent to any sale or transfer during that period.

Will I still get the capital gains tax exclusion if I moved out of the house?

This depends on when you moved out and how long the divorce has taken. To claim the Section 121 exclusion, you must have lived in the home as your primary residence for at least 2 of the last 5 years before the sale closes. There is a special rule that can preserve a spouse's eligibility if the other spouse continues to live in the home under a divorce or separation instrument, but this has specific requirements. Get a tax advisor involved before you list.

Do we have to use the same real estate agent when selling during a divorce?

No, but it is usually the most practical approach for a cooperative sale. Using one listing agent keeps the transaction coordinated, avoids confusion over who is representing what interests, and gives both attorneys a single point of contact. The listing agent represents the property and the mutual goal of a clean sale, not either spouse individually.

How do we split the sale proceeds if one spouse paid more of the mortgage?

California's starting point is a 50/50 split of community property. However, if one spouse made mortgage payments post-separation using their own separate property earnings, they may have a claim to reimbursement called an Epstein credit for that contribution. If one spouse brought separate property funds to the original purchase, that amount may also be traceable. A family law attorney handles the legal determination; the listing agent's job is to get the house sold for the best possible price while that process runs in parallel.