# Formulas for distributing shares of real estate

**URL:** <https://boards.straightdope.com/t/formulas-for-distributing-shares-of-real-estate/411979>\
**Category:** Factual Questions\
**Created:** [July 16, 2007, 3:05pm UTC](https://boards.straightdope.com/t/formulas-for-distributing-shares-of-real-estate/411979 "2007-07-16T15:05:39Z")\
**Posts on this page:** 7\
**Page:** 1

<div class="post-metadata">

**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\
**Post date:** [July 16, 2007, 3:05pm UTC](https://boards.straightdope.com/t/formulas-for-distributing-shares-of-real-estate/411979/1 "2007-07-16T15:05:39Z")

</div>

I’m engaged and we’re working on a prenup. The plan is to keep most of our assets separate. We also plan to purchase a condo together for our primary residence.

We worked on a formula for distributing the real estate if one of us dies, we separate, etc. The formula works and we both like it. Basically, the calculation is done (upon separation, etc.) based on each person’s down payment and borrowed amount, and a few other variables.

But we assume there must be standard formulas people use to do this sort of thing. When I saw my attorney last week, she wrote up something tentative that she seemed to be coming up with on the spot, and upon later examination there were some problems with it (such as: my SO could contribute to the condo but end up owning zero percent!).

So our questions are: a) Are there standard formulas that people use for this? b) If so, how can we access them? Are they available online anywhere?

---

<div class="post-metadata">

**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\
**Post date:** [July 17, 2007, 1:33pm UTC](https://boards.straightdope.com/t/formulas-for-distributing-shares-of-real-estate/411979/2 "2007-07-17T13:33:23Z")

</div>

(bump) Anyone?

---

<div class="post-metadata">

**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\
**Post date:** [July 17, 2007, 2:06pm UTC](https://boards.straightdope.com/t/formulas-for-distributing-shares-of-real-estate/411979/3 "2007-07-17T14:06:12Z")

</div>

I work in real estate. That is much too complicated for a message board. You are talking about complex legal issues.

You need a real estate attorney.

---

<div class="post-metadata">

**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [July 17, 2007, 2:33pm UTC](https://boards.straightdope.com/t/formulas-for-distributing-shares-of-real-estate/411979/4 "2007-07-17T14:33:28Z")

</div>

[QUOTE=Annie-Xmas]  
You need a real estate attorney.  
[/QUOTE]

I concur, although I’d suggest a domestic relations attorney, preferably one who knows a bit about probate law and estate planning.

---

<div class="post-metadata">

**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\
**Post date:** [July 17, 2007, 2:35pm UTC](https://boards.straightdope.com/t/formulas-for-distributing-shares-of-real-estate/411979/5 "2007-07-17T14:35:14Z")

</div>

Yes, we each have attorneys, but nevertheless, does anyone have an answer to my question? Are there standard formulas for this sort of thing, and where are they available?

---

<div class="post-metadata">

**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [July 17, 2007, 3:23pm UTC](https://boards.straightdope.com/t/formulas-for-distributing-shares-of-real-estate/411979/6 "2007-07-17T15:23:46Z")

</div>

[QUOTE=ratatoskK]  
Are there standard formulas for this sort of thing,  
[/QUOTE]

No. There are some formulas, but they tend to be tailored to the specific needs of the client.

> [@](#):
>
> and where are they available?

Mostly form books. Sometimes courts get specific about apportioning real estate in partition cases. But the cases tend to be pretty fact-intensive. \*E.g., \* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mn&vol=appunpub\9911\772&invol=1](http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mn&vol=appunpub%5C9911%5C772&invol=1)

Here’s a book: [Prenuptial Agreements : How to Write a Fair and Lasting Contract. (All Forms on CD-Rom): Katherine Stoner, Attorney-Mediator, Shae Irving, J.D., Senior Legal Editor: 9781413303964: Amazon.com: Books](http://www.amazon.com/o/ASIN/141330396X/ref=s9_asin_image_1/104-8075107-1115935?pf_rd_m=ATVPDKIKX0DER&pf_rd_s=center-2&pf_rd_r=14CZ03X5M12EPDBFYT4V&pf_rd_t=101&pf_rd_p=279530701&pf_rd_i=507846)

Here is a form cohabitation agreement that gives some basic formulae, but it is probably less detailed than what you’ve already got. [http://dirt.umkc.edu/files/cohabit.htm](http://dirt.umkc.edu/files/cohabit.htm)

Seriously, if you’ve got two lawyers involved, you should probably rely on their expertise in these matters instead of looking for a standard formula.

---

<div class="post-metadata">

**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\
**Post date:** [July 17, 2007, 4:04pm UTC](https://boards.straightdope.com/t/formulas-for-distributing-shares-of-real-estate/411979/7 "2007-07-17T16:04:11Z")

</div>

Thanks for the info, we already have the Nolo prenup book, and it was very helpful but it does not contain formulas for this kind of thing.
