Determining where asset was acquired

Question 1

How do courts divide out-of-state real property?

Answer 1

Upon divorce: Courts will award RP to one spouse and equal offsetting assets to the other spouse.

Upon death: The property will be divided by applying the probate law of the state in which the RP is located.

Question 2

Nature of QCP

Answer 2

QCP retains its SP nature after a couple moves to CA, but is treated like CP upon divorce or for purposes of creditor’s rights.

Upon death of the acquiring spouse, the surviving spouse has a 1/2 interest in the decedent’s QCP.