top of page


Apportioning Community and Separate Interests in Real Property

[1] General Concept of Apportionment

Apportionment typically involves a calculation of the percentage of community and separate interests, respectively, in the entire property. Unless the property is clearly of one character alone, a court usually will first characterize it as being primarily separate or community property and then evaluate any additional interests by applying one of the apportionment methods developed in case law (see [2], below).

A court also may find that the property is of a single character, but that contributions to its acquisition or improvement must be reimbursed to separate or community property. Thus, for example, if the court determines that separate property reimbursement only is appropriate for contributions to the acquisition of community realty, it will determine the reimbursement amount under Family Code Section 2640 if this statute otherwise applies.

0 views0 comments

Recent Posts

See All

SETTLEMENT AGREEMENTS IN FAMILY COURT MUST BE SIGNED BY THE PARTIES Under Family Code 664.6 if parties to pending dissolution or paternity case stipulate, in a writing signed by the parties outside of

DOMESTIC VIOLENCE RESTRAINING ORDERS Under F.C. section 6300. (a) A domestic violence restraining order may be issued if an affidavit or testimony shows, to the satisfaction of the court, reasonabl

VOIDABLE MARRIAGES FC § 2210 A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage: (a) The party who commences the proceeding or

Post: Blog2_Post
bottom of page