CALIFORNIA FAMILY LAW
...Family Residence/Real Property
......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.