Dealing With Intent But Not Documentable Evidence
You might be wondering what we, as your Moore Marsden Expert do when your case does not have enough evidence to support your claim? Moore Marsden calculations can be complex and intricate. They often require proof from decisions that may go back many years into your marriage. Additionally, marital dissolutions may become contentious so it is also possible that you might be in a situation where your soon to be ex-spouse disagrees with your claims, even though you remember your version of events to be true.
You may tell us that your spouse intended for the home they bought with their parent’s money to be your shared family home (or Community home), but if your spouse is now singing a different tune, how do we proceed from here? As preparers of Moore Marsden and related calculations, it is important that we don't get bogged down on indecision. Especially since divorce proceedings can already be a long drawn-out process, we strive to evaluate all evidence quickly and accurately to ensure that your case can be settled as soon as possible. Though sometimes, when evidence is lacking to support either claim, we will provide alternative calculations, and submit them to the parties or court to ultimately decide (unless the Court appoints us to make this decision as a Special Master duty.)
What we can do, as your Moore Marsden Expert, is document what is available. It is our job to always remain impartial and rely on concrete evidence rather than "circumstantial" evidence as we, the expert, have no personal knowledge of the intent of the Parties. For example, if the source of the down payment came from the Community or if the source of the down payment came from the parents, that is evidence that can be presented to support one side or the other. As your Expert, we will evaluate all the available evidence to ensure that the court is given the most accurate calculation based on the documentable facts.
If you have any questions about what evidence is needed when completing a Moore Marsden calculation or any other Moore Marsden issue, contact us at MooreMarsdenExperts.com! Did you know that in addition to being CPA's, we are also Licensed Real Estate Brokers?
This newsletter is information in general about the Moore Marsden calculations and not tailored to your specific case which may have a different set of facts and circumstances. Consult your Attorney and your Moore Marsden Expert for your individualized calculation based upon your individual facts and legal issues.