Documents Needed to Complete a Moore Marsden Calculation
In California divorce cases involving real estate, things can get complicated—especially when one spouse purchased a property before marriage. The Moore Marsden Calculation helps determine how much of the property's equity is separate property versus community property, based on financial contributions made during the marriage.
At the Moore Marsden Experts, we specialize in providing accurate, defensible calculations supported by comprehensive documentation. Below is an updated overview of what goes into completing a Moore Marsden calculation and the documents you'll need to support it.
Here is a Quick Recap on Moore Marsden Calculations:
A Moore Marsden calculation is used when:
One spouse purchased a home before marriage
Community funds were later used to pay down the mortgage or make improvements
The couple is now separating or divorcing
This calculation determines the community and separate’s share of equity, taking into account appreciation, loan principal paydown, and other financial factors that occurred during the marriage. For more in-depth information, please read our article: What Is a Moore Marsden Calculation?
What Documents Are Needed?
To properly complete a Moore Marsden Calculation, it’s essential to gather detailed financial and property records. Below is a breakdown of the most important documentation:
1. Original Purchase Documents (Pre-Marriage)
Escrow documents showing the purchase price
Amount of the separate down payment
Terms of the original separate loan
These records help establish the initial separate property interest and the financial starting point before marriage.
2. Loan and Refinance Records
All loan agreements: Separate loans, community loans, refinance loans, and lines of credit
Settlement statements for each loan
Key loan terms: amount borrowed, interest rate, term length
Loan balances at key dates:
Date of marriage
Dates of refinancing
Date of separation
Current date
This information is crucial in determining which loans were paid with community versus separate funds, and how refinancing may have impacted ownership interests.
3. Major Property Improvements
Receipts and contractor invoices for significant upgrades or renovations
The source of funds for those improvements (separate or community)
Dates the improvements were made
Improvements paid with community funds can increase the community's interest in the property.
4. Ownership Documents
Grant deeds, trust deeds, inter-spousal transfer deeds
Documents showing any transmutation of separate property to community property
Records showing changes in ownership structure or title during the marriage
Ownership records help confirm whether the property remained separate, became community property, or is now a mixed asset.
5. Date of Marriage
This date is essential for determining when community contributions may have started
It establishes the point at which community property law begins to apply
6. Use of Refinance Funds or Credit Lines
Statements or explanations of how cash-out funds were used
Were funds used for home improvements? Were they deposited into joint accounts?
Documentation showing whether the community or separate spouse benefited from the funds
These details help determine whether refinancing resulted in a shift in ownership interest.
7. Date of Separation
This date ends the period during which community property rules apply
Any payments made after this date may be considered separate property contributions
Mortgage records and payment receipts after the separation date are helpful
8. Source of Payments
If there is uncertainty about whether payments were made using separate or community funds, any supporting documentation is helpful
Bank statements
Pay stubs
Transaction records showing the source of mortgage or improvement payments
This helps clarify financial responsibility and ownership percentages.
9. Rental Properties
Tax returns showing rental income and expenses
Records both before and after marriage
Determines if the property was self-sustaining or subsidized by community income
If the rental generated income during the marriage, it may affect the community’s interest and the final calculation.
Why Documentation Matters
A Moore Marsden calculation without strong documentation can be challenged in court or during mediation. By compiling the right records from the beginning, you strengthen your legal position and ensure a fair, accurate division of property.
At the Moore Marsden Experts, we turn your paperwork into a clear, court-ready report that outlines exactly how much equity is attributable to each party—and why.
Need Help?
Whether you're an attorney, mediator, or a divorcing spouse, we can help you gather the right documents and produce a precise, defensible Moore Marsden Calculation. Contact us today to get started.
