CALIFORNIA FAMILY LAW
...Family Residence/Real Property
......Deferred Sale of Home Orders/Duke Orders
.........Modification
6 Cards On This Topic:
  • Deferred sale of home order may be modified or terminated at any time.
  • Court should reconsider deferred sale of home under burden-shifting presumption only where cohabitation is change in circumstances affecting statutory factors or economic circumstances.
  • Modification of stipulated family home award permitted if intended as additional child support, but not if part of property division.
  • Retroactive modification of family home award does not impair vested property rights.
  • Proper for court to condition deferred sale of home order on in-spouse's not cohabiting with person of opposite sex.
  • Court may modify deferred sale of home order if it is intended as additional spousal or child support.