Legal Question in Family Law in California

Hello! And L'shana Tovah!

I have a question about property division when divorcing/separating:

When one partner wants to be bought out of a shared property, is the division based on the current price of the property or on the price that the property was purchased at?

Thank you!


Asked on 9/29/11, 11:13 am

1 Answer from Attorneys

Current value, less any debt, liens, etc., IF it is all community property. If separate property was used to buy it, improve it, or pay down debt on it, or if it was bought before marriage and then earnings during marriage were used to improve it, or pay down debt on it, then it gets a lot more complicated and you would have to consult an attorney in person to run the numbers through the relevant legal principals to figure out what is to be divided.

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Answered on 9/29/11, 11:25 am


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