Frequently Asked Questions

What documents do we need to complete a Moore Marsden Calculation?

Ideally, we need the following documents. We realize that all of these documents may not be available. When documents are not available, The Friedman Firm may be able to obtain documents such as grant deeds, trust deeds, inter-spousal deeds filed with the County. We may be able to recreate amortization schedules that summarize the interest and principal paid on a loan. Valuations of property can be estimated through historical records of comparable properties.

1) Escrow documents of the original purchase before marriage (to determine the purchase price, how much the Separate put down towards the purchase price and the terms of the Separate Loan)

2) Loan documents and Escrow Documents indicating terms of all loans for instance a settlement statement (Separate Loans, Refinance Loans, Lines of Credit and Community Loans), how much was borrowed, what is the interest rate, how long is the loan (some banks will provide an annual summary statement), loan balances around key dates are date of marriage, dates of refinance, dates of separation, current date

3) Records of any major improvements that would affect the value of the property before or after marriage, the source of the funds for those improvements (Separate or Community)

4) Grant deeds, trust deeds, inter-spousal deeds (to indicate ownership, changes in ownership, possible transmutations to Community)

5) Date of Marriage (to determine the Separate interest to date, including the increase or decrease in value of the property and the date that the Community may have been paying the mortgage payments)

6) Explanations and source documents of what the funds were used for on cash out refinances or lines of credit (to determine if the funds were used for improvements and to whether the Separate or the Community benefitted from the funds)

7) Date of Separation, any Separate payments towards the property after the Date of Separation

8) If there are any questions regarding if the Separate or if the Community made the mortgage payments or improvements, any supporting documents indicating the source of payments

9) If a property is a rental, tax returns showing the rental income and expenses before and after marriage (to determine if the property is self-sustaining or not)