Frequently Asked Questions Moore Marsden Calculations

What is the purpose of a Moore Marsden calculation?

The purpose is to determine how much of a property's equity is considered community property versus separate property when the property was purchased before marriage. The Moore Marsden Calculation helps ensure a fair division of the equity in a divorce.

Who typically needs a Moore Marsden Calculation?

Any divorcing couple in California where one spouse purchased a home before the marriage and community income was used to pay down the mortgage or make improvements to the property during the marriage may need a Moore Marsden Calculation. Attorneys, mediators, and financial experts often request this analysis to settle property division disputes.

Does the non-owner spouse always get part of the house?

Not necessarily. The non-owner spouse is entitled to a share of the equity if community income was used towards a property expense, property improvement or to pay the mortgage, taxes, insurance, etc. They are not entitled to the original down payment or appreciation that occurred before the marriage. The Moore Marsden Calculation clarifies these distinctions.

Can Moore Marsden be applied to refinance situations?

Yes, but it depends on how the refinance was structured. If the refinance paid off a pre-marriage loan and community income was used to make payments on the new loan, the community may still have a claim. These situations can be more complex and usually require a detailed Moore Marsden Calculation.

What documents are needed to complete the calculation?

Typical documents include:

• The original purchase agreement and loan documents

• Mortgage statements from the date of marriage and date of separation

• A recent property appraisal or market valuation

• Records of any home improvements paid with community funds

• Any refinance documents, if applicable

For a full list of documents, please read our article: Documents Needed to Complete a Moore Marsden Calculation

Can this calculation be challenged in court?

Yes. Either party can present evidence to dispute the numbers or methodology used in the calculation. That’s why it is important to work with an expert who provides clear, well-documented, and defensible reports that comply with California legal standards. The Moore Marsden Experts have an excellent track record of settling property division disputes. Contact us today for a free property report and consultation.

How long does it take to complete?

If all documentation is provided up front, a basic Moore Marsden calculation can often be completed within a few business days. More complex cases involving multiple refinances, improvements, or missing records may take longer.