Division of Real Property in California

Division 7 of the California Family Code deals with the division of property. Part 8 deals with jointly held separate property.

Section 2650 states that, in a proceeding for division of the community estate, the court has jurisdiction, at the request of either party, to divide the separate property interests of the parties in real and personal property, wherever situated and whenever acquired, held by the parties as joint tenants or tenants in common. The property must be divided together with, and in accordance with the same procedure for and limitations on, the division of the community estate.

Part 9 of Division 7 deals with real property located in another state. Section 2660 provides that if the property subject to division includes real property situated in another state, the court is required to 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.

However, if it is not possible to divide the property in the manner provided, then the court may do either of two specified actions in order to effect a division of the property as provided for in this division.