Real estate division in San Diego high-asset divorces.
From the family residence in La Jolla to investment properties across the county, real estate is rarely as simple as 'sell and split.' Mortgages, basis, partial separate property, and post-separation contributions all change the math.
What you need to know
When real estate has a separate-property origin and was paid down with community funds — or vice versa — the Moore/Marsden formula allocates appreciation. Watts charges and Epstein credits address post-separation use and contributions.
- Moore/Marsden allocates appreciation when community funds reduce a separate-property mortgage.
- Watts charges may be ordered for one party's exclusive use of community property.
- Epstein credits reimburse a spouse for post-separation payments on community debt.
- Deferred-sale (Duke) orders can keep children in the family home after divorce.
- Tax basis, depreciation, and §1031 exchanges complicate investment-property division.
Related topics & situations
Family Home Division
Sale, buyout, and deferred-sale (Duke) options.
Moore/Marsden Calculations
Community pro-tanto interest in separate property.
Investment Properties
Rentals, partnerships, and depreciation considerations.
Vacation & Out-of-State Property
Jurisdiction and choice-of-law issues.
Watts Charges & Epstein Credits
Post-separation use and contribution reimbursement.
Mortgage Refinancing
Removing a spouse from a loan as part of buyout.
1031 Exchanges in Divorce
Like-kind exchanges and tax-deferred division.
Capital Gains & Basis
Tax planning around real estate division.
In re Marriage of Moore (1980) 28 Cal.3d 366 and In re Marriage of Marsden (1982) 130 Cal.App.3d 426 establish California's formula for allocating appreciation between separate and community estates when community funds are used to pay down a separate-property mortgage.
Source: California Family Code & California State Bar guidance. General information only.
HNW · Real Estate — frequently asked questions
What happens to the family home in a California divorce?
What is the Moore/Marsden formula?
Can I buy out my spouse's interest in the home?
What is a deferred sale or Duke order?
What are Watts charges and Epstein credits?
How are investment properties divided?
How is out-of-state property handled?
What if my name isn't on the title?
Are capital gains owed when transferring property in divorce?
Can we refinance to remove a spouse from the mortgage?
Speak with a San Diego family law attorney today.
Every conversation is private. Most clients leave the first call with a clear sense of what to expect — what California law says, what your case is likely worth, and what to do next.