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Real estate is considered community property no matter whose name is on the title. If a home is purchased during marriage, there will be a presumption that it is community property and evidence will have to be introduced to the contrary. Unless purchased with or received as separate property, it will be an asset that must be divided during divorce. Determining who gets the home during a divorce may fall to whether on spouse may “buy out” the other spouse of their interest in the home.
When there is a mortgage that neither spouse can afford by themselves the court may order the property sold and the net sale proceeds divided as community property.