I assume you are attempting to define the terms in a property division context.
A home is real property, and any equity in a home is an asset that may be divided in an equitable distribution proceeding or Separation Agreement. Typically in a divorce instrument, whether it’s a court order or Separation Agreement, any provision related to equity in a home is dealt with in a section regarding real property.
Pension benefits are not real property, but the benefits are not typically thought of in a divorce context as personal property either. Typically in a divorce instrument, pension benefit provisions are separate from both real property and personal property provisions.
I hope that helps.
David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.