How Is Real Estate Divided in Divorce?

Real estate is one of the most significant assets that may be subject to division in a divorce. It is also one of the most complex assets to divide.

At the Law Office of Linda D. States in Sacramento, I will ensure that you receive everything you are entitled to receive when real estate and other assets are divided in your divorce. Call 916-426-9119 to arrange an attorney consultation.

Four Scenarios for Division of Real Estate

Unless you have a premarital agreement that states otherwise, real estate accumulated during the marriage will generally be divided equally. However, there are four scenarios where the division may not be 50-50:

  • The house was owned by one party before marriage. If the other party was never added to the title during the marriage, the house remains the separate property of the owner. However, the spouse may have a community interest due to mortgage payments or improvements made with marital income. The community interest is determined by something known as a Moore Marsden analysis.
  • A spouse's name was added to the title during the marriage. If a spouse's name was added to the property during the marriage, it becomes community property on that date. The property will be valued on the date it became marital property. When the property is divided, the first party will be entitled to reimbursement for equity in the property on the date of the title change. The rest will be divided 50-50.
  • One party makes a separate property contribution to a marital home. If the couple buys the home jointly, but one party makes a down payment or improvement from his or her separate property, the person making the separate property contributions gets that money back dollar for dollar. The rest is divided equally.
  • The house was owned before marriage and the spouse made no contributions. If the owner never added the spouse's name to the title and never used marital income to pay the mortgage or make improvements, then 100 percent of the value goes to the owner.

Call for More Information About Division of California Real Estate in Divorce

To talk to an experienced lawyer about your property issues, call me at 916-426-9119 or fill out my online contact form.