Detailed answer: practical steps and legal routes in California

The guidance below assumes no attorney‑client relationship and is general information only. For case‑specific strategy talk to a California attorney. This is not legal advice.

1) Identify the procedural context

How you respond depends on what kind of case you’re in:

• Family law (divorce or legal separation): The court divides community and quasi‑community property and can order a buyout or sale as part of property division.
• Civil partition between co‑owners: A co‑owner can ask the court to partition the property, and the usual remedies are a partition in kind (rare for single houses), or partition by sale with proceeds divided among owners.

2) Immediate procedural responses

• File a formal response: If you were served with a petition or motion, file the required opposition or response within the court deadline. If you don’t, the court may grant the sale request by default.
• Request a continuance or temporary orders: Ask the court to delay any sale and set temporary orders that protect your occupancy, possession, or the property’s upkeep while the matter is litigated.
• Ask the court to require buyout terms: In family law matters, request the court to set buyout parameters (how equity will be calculated, timing, payment method). In partition actions, ask the court to consider partition in kind or an allotment instead of immediate sale.

3) Substantive options to present to the court

1. Propose a negotiated buyout

   Offer a written buyout proposal: use a current appraisal, payoff statements for all liens, and a clear math showing net equity. Specify how you will finance the buyout (refinance, assumption, cash) and a timeline. Courts favor realistic, documented plans showing one party can actually complete the buyout.

2. Ask for a partition in kind or allotment

   If co‑owners want to keep the house, ask the court for an allotment (awarding the property to one owner while compensating others) rather than a sale. In many single‑family home cases, the court still orders sale, but making a convincing case (hardship, young children, one owner’s sole residence) may persuade a judge or lead to settlement.

3. Propose refinancing or mortgage assumption

   If you can refinance into your own name or assume the mortgage, the court may be willing to direct a buyout instead of an immediate sale. Provide pre‑approval or lender statements to show feasibility.

4. Offer a timed sale or escrow holdback

   Suggest the court order sale but with terms: e.g., market the property for X months, let you remain in possession until closing, or require proceeds to be held in escrow pending determination of certain claims. These terms limit the risk of a rushed sale that doesn’t reflect full value.

5. Move for appointment of a neutral manager or receiver

   If the property is being neglected or there are disputes about rents/repairs, the court can appoint someone to preserve value until the property is sold or a buyout occurs.

4) Evidence you’ll want to present

• Neutral recent appraisal or two comparable market analyses.
• Mortgage payoff statements and lien searches (to establish encumbrances).
• Proposals from lenders showing your ability to refinance or assume the loan.
• Evidence of hardship if you need to stay (children, inability to find comparable housing, health issues).
• Repair and maintenance records and an estimate of costs to market the property.

5) Tax and financial consequences to consider

Sale vs buyout can affect who pays closing costs, capital gains exposure, and who gets mortgage interest deductions. Consult a CPA or tax advisor before agreeing to a buyout or sale split.

6) Settlement tools: mediation and collaborative law

Courts frequently encourage or order mediation. A mediated agreement that sets buyout terms or a timetable for sale is often faster, cheaper, and gives you more control than a disputed court order for immediate sale.

7) When the court may still order sale

If the judge believes a fair division or practical solution requires sale—because one party cannot buy out, mortgage obligations cannot be shifted, or the property cannot be effectively partitioned—the court can order sale. Your job is to make a convincing, documented alternative proposal and to meet filing deadlines so the judge can consider those alternatives.

8) When to get a lawyer and what to ask

• Hire a California family law or civil litigation attorney if the house is a major asset, liens exist, or the other side moves quickly to sell.
• Ask the lawyer to prepare a buyout proposal, obtain an appraisal, prepare any opposition or cross‑motion, and handle temporary orders to prevent a rushed sale.

For general information about dividing property in California family law cases and about civil partition actions see the California Courts website: https://www.courts.ca.gov/. For the state legislature and statutes, see: https://leginfo.legislature.ca.gov/.

Helpful Hints

• Respond on time: missing a court deadline can let the other side get a sale order by default.
• Get a neutral appraisal early—courts rely on credible valuation evidence.
• Have mortgage payoff statements and lien info ready; equity math must be clear.
• If you want to keep the home, be ready to show how you will handle mortgage, taxes, insurance, and maintenance going forward.
• Explore refinancing pre‑approval before promising a buyout—proof of financing persuades judges and opponents.
• Consider mediation to preserve control and limit costs; mediated buyouts are common and effective.
• Keep records of all offers and communications—these help in court and settlement talks.
• Get tax advice—buyout timing and sale splits can have tax implications for both parties.