Do you own a separate property before marriage? If there is an ongoing mortgage without a prenup and using money from marriage to pay the principal, the community will get it from the separate property. Here, the California Moore Marsden calculation comes into use to calculate the community’s interest. This is where the real estate attorneys use this calculation and help a couple on separation know the actual share of the property.
Will Community Acquire Interest in the Property?
Using the same formula and calculation, a community acquires an interest in the ratio to the principal amount on the property. The community also earns interest in any increase in the value by using the formula. Family matters are personal, and it is important to approach an expert attorney to help you understand family law in detail. As each case is different, family law can guide how much property share a spouse can get during separation.
What does Family Law Suggest on Property Separation?
After re-titling a property, it is no longer a spouse’s separate property. It becomes a community property that is gets during the marriage, creating a transmutation as per California family law sections 850, 851, 852, and 853. As per family law 2640, this creates a situation to have the right to reimbursement.
You can approach family law attorneys to help determine whether the Moore Marsden calculation is applicable. If so, try to know the overdue amount and avoid paying extra for a property before marriage. The attorney also looks for other facts relating to the case, as per the property or the community’s claims.
California Divorce Laws
When the family code section 2640 asks for reimbursement for community property and of the spouse, the case tends to become complex. The Moore Marsden calculation can simplify it and help calculate each party’s interest property. Discuss the situation with an expert attorney to resolve property divisions with the spouse upon separation.