Contact Us Today 951-715-4632

Cullen Family Law Group
  • Home
  • About
  • Attorneys
    • Heather M. Cullen, CFLS
    • Alexandria Jaquay, CFLS
    • Da Nikka Huss
  • Services
    • Family Law
    • Divorce
    • Child Custody & Visitation
    • Child Support
    • Domestic Violence
    • Estate Planning In Divorce
    • Guardianship & Adoption
    • Legal Separation
    • Military Divorce
    • Property Division
    • Spousal Support
  • Family Law FAQ
  • Testimonials
  • Blog
  • Media
    • Articles
    • Videos
    • California Certified Family Law Specialists
  • Contact
Cullen Family Law Group
  • Home
  • Firm Overview
  • Attorney Profiles
    • Heather M. Cullen, CFLS
    • Alexandria Jaquay, CFLS
    • Da Nikka Huss
  • Practice Areas
    • Family Law
    • Divorce
    • Child Custody And Visitation
    • Child Support
    • Domestic Violence
    • Guardianship & Adoption
    • Legal Separation
    • Military Divorce
    • Property Division
    • Spousal Support
  • Client Recommendations
  • Blog
  • Media
    • Articles
    • Videos
    • California-Certified Family Law Specialists
    • Video Center
  • Contact
  • x Close
EMAIL

CALL

Fast. Fair. Thorough.

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.

Recent Posts

  • Do You Need a Lawyer for Divorce in California?
  • How to Modify a Child Custody Order in California
  • Temporary vs Permanent Spousal Support in California
  • Can You Move Out of State With a Child After Divorce in California?

Categories

  • Child Custody
  • Child Support
  • Custody & Visitation
  • Divorce
  • Domestic Violence
  • Family Law
  • Firm News
  • Legal Process & Timelines
  • Military Divorce
  • Property Division
  • Same – Sex Couples & Divorce
  • Spousal Support

Archives

RSS Feed

Subscribe To This Blog’s Feed

Find Out How We Can Help You.

Call 951-715-4632, chat with us, or request a consultation below.

Riverside Office

4094 Chestnut Street
Riverside, CA 92501
951-715-4632

Fax: 951-715-4601

Riverside Office
Cullen Family Law Group

Temecula Office

28465 Old Town Front Street
Suite 321
Temecula, CA 92590
951-715-4632

Fax: 951-715-4601

Temecula Office
Review Us
  • Follow
  • Follow
  • Follow
  • Follow
Pay Invoice

We accept Visa, MC, Discover, AMEX & E-checks.

© 2026 Cullen Family Law Group • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw