§3.06 Dividing Out-of-State Real Property

If the property subject to division includes real property in another state, you must, if possible, divide the community property and quasi-community property in such a manner that it is not necessary to change the nature of the interests held in the real property. [FC §2660(a).] The reference to not changing "the nature of the interests held" pertains to the manner in which record title is held. [Marriage of Fink (1979) 25 C3d 877, 884.]

You cannot directly affect or determine the title to land in another state or country. However, you can order the parties before you to execute a conveyance in the form required by the law where the property is located. [Rozan v Rozan (1957) 49 C2d 322, 330.]

If it is not possible to divide the property without changing the nature of the interests, you may do either of the following [FC §2660(b)]:

• Require the parties to execute conveyances or take other necessary actions with respect to the property situated, or



• 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.