Possibly. California's AB 1033 lets a city adopt an ordinance allowing an ADU to be sold separately from the main home as a condominium. San Jose adopted one in 2024, the first large California city to do so, and approved its first ADU condo in 2025, as reported in August 2025.
What does it usually take?
Expect steps like these; the ordinance and your attorney set the exact list.
- A condominium map and the legal documents that go with it.
- Lender consent if the property has a mortgage.
- Separate utility and safety arrangements as the city requires.
- An association or agreement covering shared areas.
Should I plan for it?
If a future sale is part of your plan, tell us before design. Layout, utilities and separation are easier to set up at the start.
Get professional advice
A condo split is a legal and tax decision. Talk with a real estate attorney and the city before you rely on it.
Sources, as of November 2026: California AB 1033 (2023); The Real Deal, "San Jose greenlights ADU to sell as condo" (August 2025); City of San Jose ADU pages. General information, not legal advice.
Updated November 2026