previous next >> §4.09 Community Payments on Separate Property—Moore/Marsden Rule When community funds are used to make payments to acquire separate property, the community receives a proportionate interest in the property in the ratio that (1) the payments on the purchase price with community funds bear to (2) the payments made with separate funds. [Marriage of Moore (1980) 28 C3d 366, 371-372.] The separate property interest is credited with any prenuptial appreciation. [Marriage of Marsden (1982) 130 CA3d 426, 438-439.] These guidelines are sometimes referred to as the "Moore/Marsden rule." Amounts paid for interest, taxes, and insurance are excluded from when calculating the separate and community interests because they do not contribute to the capital. The amount of a loan taken to secure the property is a Separate property contribution if it was secured by separate assets, or Community property contribution if secured by community assets. [Marriage of Moore, supra, 28 C3d at 372–373.]

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		§4.09 Community Payments on Separate Property—Moore/Marsden Rule When community funds are used to make payments to acquire separate property, the community receives a proportionate interest in the property in the ratio that (1) the payments on the purchase price with community funds bear to (2) the payments made with separate funds. [Marriage of Moore (1980) 28 C3d 366, 371-372.] The separate property interest is credited with any prenuptial appreciation. [Marriage of Marsden (1982) 130 CA3d 426, 438-439.] These guidelines are sometimes referred to as the "Moore/Marsden rule." Amounts paid for interest, taxes, and insurance are excluded from when calculating the separate and community interests because they do not contribute to the capital. The amount of a loan taken to secure the property is a Separate property contribution if it was secured by separate assets, or Community property contribution if secured by community assets. [Marriage of Moore, supra, 28 C3d at 372–373.]