IMPROVEMENTS TO REAL PROPERTY

Question 1

Improvements to Real Property Checklist

Answer 1

• Improvements
  
  • Community Property to Improve Separate Property
  • Separate Property to Improve Other Spouse’s Separate Property
    
    • Separate Property to Improve Community Property

Question 2

Improvements

Answer 2

Improvements are permanent structural changes or restorations that enhance the value of real property

Question 3

Community Property to Improve Separate Property

Answer 3

Since 1975, when a spouse uses CP to contribute to either her own or her spouse’s SP, the community will receive the greater of either the reimbursement for the contribution or the appreciation in property value

Question 4

Separate Property to Improve Other Spouse’s Separate Property

Answer 4

Since 2005, a spouse will be reimbursed for her SP contribution to the other spouse’s SP during the marriage, unless there has been a transmutation or written waiver

*Prior to 2005, the contribution was presumed a gift

Question 5

Separate Property to Improve Community Property

Answer 5

Since 1984, a spouse will be reimbursed for her SP contribution to CP if she can successfully trace her contribution