CALIFORNIA FAMILY CODESUPPORT
DEFERRED SALE OF HOME ORDER
Family Code Section 3801
(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.