Out of State Community and Quasi-Community Realty

Question 1

At divorce, what is the court’s power to distribute out of state community and quasi-community realty?

Answer 1

California divorce court has the power to distribute all community and quasi-community out of state realty.

Question 2

At divorce, how does court handle CP or Quasi-CP that is out of state?

Answer 2

If CP or quasi-CP to be divided at divorce includes out of state realty, court will:

1. Divide all CP and quasi-CP in such a way that it is not necessary to alter the nature of the interests held in out-of-state realty; OR
2. If this is not possible, the court may EITHER:
   (i) require the parties to execute whatever conveyances are necessary for out-of-state property;

OR

(ii) award money value of conveyance to party who would have benefited

Question 3

At death, how is out of state community and quasi-community realty dealt with?

Answer 3

Out of state realty is normally probated in an ancillary administration in the state in which realty is located according to the laws of that jurisdiction.

Question 4

What is the rule if a spouse owning out of state realty that would bc CP or quasi-CP if located in California exchanges it for personalty or for California realty?

Answer 4

The new property is CP or quasi-CP, as the case may be.

Question 5

What is California’s probate treatment of realty owned by out-of-state decedents?

Answer 5

California applies the law of decedent’s domicile to disposition of his CA realty.