(a)Except as provided in subdivision (b), if the property subject to division includes real property situated in another state, the court shall, if possible, divide the community property and quasi-community property as provided for in this division in such a manner that it is not necessary to change the nature of the interests held in the real property situated in the other state.
(b)If it is not possible to divide the property in the manner provided for in subdivision (a), the court may do any of the following in order to effect a division of the property as provided for in this division:
(1)Require the parties to execute conveyances or take other actions with respect to the real property situated in the other state as are necessary.
(2)Award to the party who would have been benefited by the conveyances or other actions the money value of the interest in the property that the
party would have received if the conveyances had been executed or other actions taken.
Notes of Decisions
In Re Conservatorship of Est. of Hume, 42 Cal. Rptr. 3d 796 (Cal. Ct. App. 2006).
“(Fam. Code, § 2660, subd. (b).) There is thus nothing inherent in Civil Code section 755, or, more broadly, in the fact that California courts do not have in rem jurisdiction over out-of-state property, that mandates the exclusion of such property from conservatorship…”
Peng v. Su Hsieh, 31 Misc. 3d 528 (N.Y. Sup. Ct. 2011).
“002] [“It is further settled California law that ‘ “a court having jurisdiction of the parties (in a dissolution action) may adjudicate their rights to land located in another state and that the adjudication is res judicata and is to be accorded full faith and credit in the…”
Sanders v. McKnight (Vt. Super. Ct. 2016).
“Cal. Fam. Code § 2660 . As set out in Section I above, however, Defendant McKnight validly transferred any interest she had in the Property to Defendant Sanders in 2007.”
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