CALIFORNIA FAMILY LAW
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Family Residence/Real Property
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C/P Contributions to S/P Residence
.........Moore/Marsden Formula
11 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 formulas summarized.
S/P percentage calculation should be based on purchase price, not FMV at marriage.
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.
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.