CALIFORNIA FAMILY LAW
...Family Residence/Real Property
......C/P Contributions to S/P Residence
.........Moore/Marsden Formula
15 Cards On This Topic:

C/P entitled to pro tanto interest in s/p residence to extent principal payments on secured note made from c/p.

C/P entitled to pro tanto interest in s/p residence based upon making payments on encumbrance. Premarital appreciation allocated to s/p interest.

Moore/Marsden formula summarized.

Where the information necessary to calculate the community's interest is missing, the Court must order the parties to provide it such that an equal division can be accomplished.

Error to calculate c/p Moore/Marsden interest in residence using total mortgage payments instead of just the amounts which reduce principal.

C/P only accumulates a community interest in a s/p residence when c/p is used to pay down the principal of the loan.

Moore/Marsden interest is not offset by rental value of residence.

No credit in Moore/Marsden for paydown of a home equity loan not used to paydown mortgage.

No reason to depart from Moore/Marsden in dealing with pre-marital appreciation where there isn’t long delay in marriage or in making improvements.

When each spouse contributes s/p funds to purchase TIC residence prior to marriage, using c/p funds thereafter, Moore-Marsden used to calculate interests.

Moore/Marsden formulas summarized.

S/P percentage calculation should be based on purchase price, not FMV at marriage.

C/P entitled to pro tanto interest in s/p residence based upon making payments on note secured by residence.

Community denied interest in W's s/p residence, despite c/p making all payments on it for 4 years.

C/P entitled to pro tanto interest in s/p residence based upon payments on note, secured by residence.