Part 9REAL PROPERTY LOCATED IN ANOTHER STATE

Section § 2660

Explanation

This law talks about how courts in California handle splitting up property in a divorce when the property includes real estate located in another state. Normally, they try to divide everything without changing what kind of ownership people have in that out-of-state real estate. But if that's not possible, the court can make the people involved do necessary paperwork or actions to split the property. Alternatively, the court can give one person the value of what they would have gotten had the paperwork been completed.

(a)CA Family Law Code § 2660(a) Except as provided in subdivision (b), if the property subject to division includes real property situated in another state, the court shall, if possible, divide the community property and quasi-community property as provided for in this division in such a manner that it is not necessary to change the nature of the interests held in the real property situated in the other state.
(b)CA Family Law Code § 2660(b) If it is not possible to divide the property in the manner provided for in subdivision (a), the court may do any of the following in order to effect a division of the property as provided for in this division:
(1)CA Family Law Code § 2660(b)(1) Require the parties to execute conveyances or take other actions with respect to the real property situated in the other state as are necessary.
(2)CA Family Law Code § 2660(b)(2) Award to the party who would have been benefited by the conveyances or other actions the money value of the interest in the property that the party would have received if the conveyances had been executed or other actions taken.
division of property real estate in another state community property quasi-community property out-of-state real estate property division execution conveyances money value of interest property ownership divorce property division real property interests court ordering actions
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)