CALIFORNIA FAMILY LAW
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Family Residence/Real Property
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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.