Separating Assets During a Divorce: Second Home or Summer Home
Dividing property during a divorce can be complicated—especially when multiple properties are involved. If you and your spouse own a second home, vacation property, or summer cabin, you may be wondering what happens to it during the divorce process.
In California, property division follows specific rules—but there’s also room for negotiation. Here’s what to consider when a second home is on the table.
1. Is the Property Community or Separate?
The first step is determining ownership status:
If the home was purchased during the marriage using joint funds, it’s likely community property, which means it’s subject to a 50/50 split.
If it was purchased by one spouse before the marriage, or inherited/gifted during the marriage, it might be separate property.
Important: Even if a property started as separate, it may have become partially community if joint funds were used for mortgage payments, improvements, or taxes.
2. How Is the Property Valued?
A professional appraisal is often necessary to determine current fair market value—especially if you’re deciding whether to sell or buy out your spouse’s interest.
Make sure to also factor in:
Liens or mortgages
Tax implications
Seasonal or rental income value (if applicable)
3. Emotional Attachments Can Get Complicated
Summer homes often hold deep sentimental value. While it’s natural to want to keep a family cabin or vacation property, decisions should be made based on legal rights and financial feasibility—not just emotions.
4. What Are the Options?
When dividing a second home, here are some common outcomes:
Sell and split the proceeds
One spouse keeps it and buys out the other’s share
Offset the value with other assets (like retirement accounts or primary home equity)
An attorney can help ensure the agreement is fair and enforceable.
5. Legal Guidance Makes All the Difference
Second homes often come with unique legal and financial considerations—especially when tied to rental income, family trusts, or out-of-state ownership. A family law attorney will help you navigate these complexities and protect your interests.
Don’t Let Your Second Home Become a Second Headache
If you’re facing divorce and unsure what will happen to your vacation home or investment property, North Bay Family Law is here to help you move forward with clarity.
Learn more or schedule a consultation at northbayfamilylaw.com