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2026-10-29 · 4 min read · Orange County

What Stays With the House When We Sell, and What Can We Take?

Title card for the article: What Stays With the House When We Sell, and What Can We Take?

The short answer

What stays with the house when your family sells in Orange County, and what can you take? In California, items attached to the home, called fixtures, generally go with the sale, while movable personal property stays yours unless the contract says otherwise. That means things like built-in appliances, light fixtures and window coverings usually stay. If you want to keep something attached, write it into the listing and the contract as an exclusion, and replace it before buyers see the home.

What Is the Difference Between a Fixture and Personal Property?

What stays with the house when we sell in Orange County, and what can we take? The answer starts with one idea: is it attached?

I'm Jeanette Nelson, a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas. When a family is moving up to a bigger home, questions about the chandelier or the backyard swing set come up early, and it's much easier to sort them out before you list.

California Civil Code 660 says a thing is treated as attached to land when it's attached by roots, like trees and shrubs, embedded in it, resting permanently on it, like buildings, or permanently attached to those things by cement, plaster, nails, bolts or screws.

The California Department of Real Estate (DRE) reference book explains that, subject to specific exclusions in the contract, the buyer is entitled to all fixtures, and the buyer gets only the personal property listed in the contract.

What Usually Stays With the House?

The DRE reference book gives these examples of fixtures:

  • Electrical, lighting, plumbing and heating fixtures
  • Fireplace inserts
  • Solar systems
  • Built-in appliances
  • Window coverings
  • TV antennas
  • Air conditioners
  • In-ground landscaping

Look closely at anything screwed, bolted or built in.

What Can We Usually Take?

Movable items are generally personal property: furniture, freestanding items, rugs and decor. The DRE reference book notes that large outside potted plants are ordinarily not fixtures.

Some items fall in a gray area, like a wall-mounted TV, a refrigerator that isn't built in, or a backyard play structure. Don't guess. Decide what you plan to take, and put it in writing. Buyers can also ask for personal property, like the washer and dryer, in their offer.

How Do We Keep Something That Is Attached?

If there's a light fixture, a mirror or a mounted item you want to bring to the new house, you have two clean options:

  1. Swap it before you list. Replace it with something you're happy to leave. Then buyers never see the item you're keeping, and there's nothing to negotiate.
  2. Exclude it in writing. The DRE reference book advises that the listing should specifically spell out items the seller is including or excluding, and that it's best to point them out when there's any doubt.

Taking an attached item after the contract is signed, without a written exclusion, can create a dispute late in escrow. A short list now saves stress later.

Are There Items We Must Leave or Certify?

Yes, a few. California Health and Safety Code 19211 requires the seller to certify in writing that the water heater is braced, anchored or strapped. Health and Safety Code 13113.8 requires a written statement about smoke alarms when a home is sold. The DRE reference book lists a standard form for these, the Water Heater and Smoke Detector Compliance Statement.

Also keep in mind:

  • Solar. The DRE book lists solar systems as fixtures, and notes the seller typically represents that items being transferred are owned free and clear of liens. If your system is leased or financed, talk with the solar company early about what the buyer would take over. See what should I know before buying a home with solar panels.
  • Anything you promised. If the contract says it stays, it stays, and it should be in the same condition.

How Does This Fit Into Our Move-Up Plan?

When your family is selling and buying at the same time, a clear list of what's staying makes packing and the final walkthrough easier. Make the list as you sort rooms, and share it before the home goes on the market. For timing both moves, see how do we time selling our home and buying a bigger one with kids in school and how do we get our home ready to sell with young kids at home.

This is general information, not legal advice. If an item's status is unclear, ask a real estate attorney.

Let's Start With a Conversation

If your family is getting ready to move up, I'd love to help you plan the sale, including what stays and what goes. Call or text me at 714.366.8575 | DRE: 01397168, or contact me.

Frequently asked questions

Can I take my light fixtures when I sell?

Can I take the light fixtures? Lighting fixtures are generally fixtures that stay. Swap them before listing, or exclude them in writing.

Do window coverings stay with the house?

Do window coverings stay? The DRE reference book lists window coverings as fixtures, so they generally stay unless excluded.

Does the refrigerator stay?

Does the refrigerator stay? Built-in appliances are fixtures. A freestanding refrigerator is usually personal property unless the contract includes it.

What if the buyer wants our patio furniture?

Can the buyer ask for furniture? Yes. Buyers can request personal property in their offer, and it's included only if the contract says so.

The method

Where this fits in how we sell

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Allison J. · Huntington Beach seller · November 2025
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Kim C. · Family estate sale · February 2026
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“As a first time homebuyer, I can't imagine completing this process without Jeanette's help. She was with me through the ups and downs, offering helpful advice and encouragement around every corner.”

Brian G. · First-time buyer · August 2025
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“Jeanette was so amazing through our whole process of buying a house. I would recommend her to everyone. She is professional and a go getter. She goes above and beyond to make the best experience for her clients. We are truly grateful for all her help buying a house.”

Holly M. · Buyer · February 2026
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“Jeanette and our family have known each other for over ten years, as our children have been classmates. She is a highly trustworthy and knowledgeable professional, and at the same time, we have seen her consistently show up as a devoted mother, no matter how busy she is, she always makes time to participate in her sons’ school events and volunteer activities. If you are looking for a reliable real estate agent who is truly rooted in the local community, we wholeheartedly recommend Jeanette. Jeanette, thank you so much for taking the time to visit and show us so many properties over the years. We learned so much from the experience, and we truly appreciate it. We look forward to working with you again when we begin searching for our next home.”

Kaori S. · Buyer client · January 2026
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“Best realtor around. Jeanette has helped up buy and sell 2 houses now and we have had nothing but success both times. She always made herself available to us no matter at the time or day. Even after our transactions have been completed, Jeanette continues to stay in contact with us. Hard to find somebody who treats you like family and not just another business transaction.”

Erin B. · Repeat buyer and seller · May 2025