Before a family home is listed in a divorce, it helps to know whether its permits are in order. Buyers ask, and California requires sellers to disclose known unpermitted work. Sorting it out early protects both spouses’ timeline and proceeds. This is general information, not legal advice.
Divorce and Property
Selling the Family Home: Permits and Unpermitted Work
What to check about permits before listing the family home in a divorce: unpermitted work and disclosure, open permits, timelines, and how Rudy can help you get answers from the city.
What sellers must disclose
California’s Transfer Disclosure Statement asks sellers whether they are aware of additions, structural modifications or other alterations or repairs made without necessary permits. Both spouses, as sellers, should answer honestly and consistently. Your attorney can advise on who completes what.
A permit check before you list
- Ask the city for the permit history. It is public.
- Compare it with the home. Additions, a finished garage, a second kitchen or a converted space are the usual gaps.
- Look for open permits. A permit opened and never finished can hold up a closing.
- Decide with your agent and advisors whether to fix, disclose or price the issue in.
State changes that can shorten the clock
- Faster permits. If a jurisdiction cannot meet a 30-business-day post-entitlement review estimate, applicants can use private plan checkers (AB 253), and final inspections must be completed within 10 business days after the builder notifies the city that construction is finished (AB 1308).
- Backyard and garage units. The state tightened the ADU rules again for 2026: cities have 15 days to tell an applicant whether an ADU application is complete, with silence counting as complete (SB 543); junior ADUs can carry an owner-occupancy rule only if they share a bathroom with the house (AB 1154); and a city’s ADU ordinance is void unless it is filed with the state’s housing department on time and answered promptly (SB 9 of 2025).
How Rudy can help
Before real estate sales, Rudy worked 12 years as a real estate developer for the telecommunications carriers, shepherding sites through local approvals from Los Angeles to San Diego and beyond. That is why he is comfortable at a planning counter and comfortable telling you what he sees there.
If you are thinking about a project in San Diego County, he can help you frame the question, find the right people at the city, and start the dialogue. Then he can help fold what you learn into your decision to buy, sell or hold. He is not an attorney, architect, engineer or contractor, and he does not promise that any application will be approved.
His role is neutral: he helps both spouses see the same facts and a realistic timeline. See how long each step usually takes.
Common questions
Do we have to fix unpermitted work before selling?
Not always. It can be disclosed, priced in or legalized. The right choice depends on the work and the timeline.
Will unpermitted work hurt the price?
It can affect appraisals and buyer interest. A personal market report can show how comparable homes were treated.
Who do we ask at the city?
The building department for permit history, and planning for zoning questions.
A note on what this is
About Rudy’s role: he is a licensed real estate agent (CalDRE #02257808, Coldwell Banker West), and his permitting experience comes from 12 years in telecom real estate. He does not practice law, architecture, engineering or contracting, and he cannot promise a city’s decision. Rules, fees and timelines vary by parcel and change often, so confirm them with the jurisdiction and with licensed professionals.
Keep exploring
- Property tax when the home is sold — What the buyer’s bill means.
- Blog — Timelines, mortgages and your options.
- The divorce real estate guide — A calm, neutral overview.
- About Rudy — Twelve years in telecom real estate, then homes.
Talk to a lender. Rates, loan programs and approvals come from lenders, not from websites or real estate agents. Talk to your own mortgage broker, or use our preferred lender, Point Mortgage Corporation (NMLS #231073), at (619) 475-4095. You are always free to choose any lender you like, and you can verify any lender’s license at nmlsconsumeraccess.org.
Sources
- Holland & Knight: California’s 2026 housing laws
- California HCD: accessory dwelling units and the ADU Handbook
General information for orientation, not legal, tax, financial or appraisal advice. Details change; confirm anything that matters with the official source, your lender and your agent.