Intro to Moore Marsden Calculations

In California divorces, marital dissolutions can be incredibly complicated, especially when real estate is involved. In some instances, a Party may have purchased Real Property prior to marriage and now they need to accurately calculate per California Codes and Case Law what portion belongs to the Community and what belongs to the Separate.

Moore Marsden calculations arose from two California cases involving Separate real property and Community interest in Real Estate. When the Community in a marriage pays down Principal towards the Separate’s acquisition mortgage, the Community may receive a dollar-for-dollar reimbursement for only the Principal payments (not interest, insurance or taxes) as well as a Pro Tanto interest of the property’s appreciation from the date of marriage to the date of the trial. Refinancing, title changes and many other factors can change the outcome of the Moore Marsden calculation.