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When the Moore Marsden calculation comes into play

On Behalf of Cullen Family Law Group | Jun 9, 2023 | Property Division |

In California, a community property state, the spouses are the “community” and all that accrues to the community is held equally. Upon dissolution of marriage, all that was held by the community is split 50/50 – theoretically, at least.

To achieve that 50/50 split, everything on both sides of the ledger, has to be correctly assessed and tallied up.

However, when it comes to real property valuations, the process can become complex. It’s here that the Moore Marsden calculation comes into play.

The Moore Marsden rule

The names “Moore” and “Marsden” come from marital dissolution cases decided in 1980 and 1982 in which the question of community interest in a property is hammered out. Some courts refer to the community interest as the Moore Marsden interest.

When community funds are used to pay down the principal on a property that was owned by one of the spouses prior to marriage, the community acquires a Moore Marsden interest in that property. Upon dissolution of the marriage, that community interest is valuated using a calculation known as the Moore Marsden rule.

The outcome of that calculation goes onto the proverbial ledger of marital assets and debts, so that the targeted 50/50 split of property can be accurately arrived at.

As a side note, the Moore Marsden rule is only used in community property states.

Moore Marsden mistakes

Finding the numbers to plug into the Moore Marsden formula is no small exercise. It’s here that matters can go awry.

The fair market value (FMV) of a property at date of separation will be needed, but FMVs at retrospective appraisal dates such as the date of marriage and the date the spouse was added to the title are also needed, and the changes in these valuations are frequently underestimated.

The problem is that seeking the professional services of a forensic accountant, real estate appraiser or attorney for the valuations can be very costly. The trade-off, though, going with a Zillow estimate or a comparative market analysis done by a real estate agent, may yield less than reliable results.

Ultimately, the goal is to do property division negotiations with a sense of fairness and cooperation. Executing on that can be a challenge.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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