Characterization of Equity in Real Property Overview
Is Real Property Characterized in the Same Way Other Assets are Characterized in a Divorce?
Divorce courts may award community real property to either party or order it sold. Real property is characterized as community property or separate property using the same principles that apply to other types of assets, meaning that real property acquired during the marriage is generally community property. The family law cases and statutes dictate the rights to reimbursement and equitable apportionment of real property.