Paying Out

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Paying Out

Do we have to sell the house in a divorce or can we have it appraised and payout the other party?

Asked on April 11, 2016 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Whatever the two spouses agree to vis-a-vis the house is legal: so the two of you can definitely agree that one will buy out the other at some mutually agreed upon price, or price to be set by an appraisal or some independent third party. There is no legal requirement that it be sold. Note that one buying out the other does require agreement, however: if you can't agree to this, then it is likely the court will order the house sold.


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