Legal Question in Real Estate Law in California

I bought my husband's interest in our home at an agreed upon price as per the court in our divorce. We had two apts we put in on the back of the property while married that were part of the "buy out". My question is are the build ins such as ceiling fans, stoves, cabinets--are these considered part of the house or are these items that were built in 15 years ago considered personal property and subject to "division" like furniture.


Asked on 10/15/10, 9:08 pm

3 Answers from Attorneys

The stove could go either way, depending on whether it is a built-in or free standing. The other things you describe are fixtures and become part of the property once installed. The basic test is whether they are affixed to the real property by more than a readily detachable power or fuel connection. If you can unplug it or disconnect the gas line and take it away, its personal property. If you need to detach it, it's a fixture. That's not exactly the entire law of "fixtures" but it's close enough for most purposes.

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Answered on 10/20/10, 9:16 pm
Anthony Roach Law Office of Anthony A. Roach

If they are attached to the structure, they are considered fixtures, and become part of the real property. If it's movable furniture, then it is personal property. The test is whether it is attached, or just sitting in place.

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Answered on 10/21/10, 6:46 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In a residence, that's basically it, especially when the items installed belonged to the owners at the time. In a commercial building, or when the affixed property belongs to a tenant, the right to remove items is a little broader.

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Answered on 10/21/10, 9:50 am


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