§5.04 Order Deferring Sale

When you order a deferred sale of a home, the order:

• Must state the duration of the order [FC §3803];
• May include the legal description and assessor's parcel number of the real property that is subject to the order [FC §3803];
• May specify the parties' responsibilities for paying the costs of routine maintenance and capital improvements [FC §3806];
• Usually makes the custodial parent responsible for mortgage payments, taxes, and insurance [Marriage of Horowitz (1984) 159 CA3d 368, 373 n5];
• Should specify that title is to be held as tenants in common [Marriage of Cream (1993) 13 CA4th 81, 88; Marriage of Stallworth (1987) 192 CA3d 742, 747 n2]; and
• Must reserve jurisdiction to determine any future issues such as maintenance and tax consequences [FC §3809].

A deferred sale of home order may be recorded in the office of the county recorder of the county in which the real property is located. [FC §3804.]