Legal Question in Family Law in California
In California, a filing for a summary dissolution of marriage requires that neither party has separate property worth more than $38,000. In the case of a spouse who has an undivided interest in real estate vested as her sole and separate property, how is the value of that interest determined for purposes of qualifying, or not, to use the summary dissolution procedure?
Asked on 2/18/10, 11:41 am
1 Answer from Attorneys
It is valued at her fractional share times the total equity in the property. In most cases you will be significantly over or unde the limit, but if you need a more reliable number you can get a realtor's opinion, or if it is really disputed, you have to get an appraisal.
Answered on 2/24/10, 8:48 am
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