Help & Documentation Center

About Moore/Marsden

The Moore/Marsden doctrine stems from California case law and governs how equity in a home is divided when separate property funds were used to acquire or improve a property, and community funds contributed to mortgage payments during the marriage.

In re Marriage of Moore (1980)

Established the principle that when separate property is used as a down payment on a home, but community funds are used to pay the mortgage, both separate and community property interests must be recognized.

In re Marriage of Marsden (1982)

Further clarified how to calculate the separate and community property interests in a home, particularly focusing on the allocation of appreciation in value.


Getting Started

This comprehensive legal-financial tool is designed for California family law professionals handling complex property division.

Basic Workflow

  1. Create a Marriage Event with spouse information and critical dates
  2. Add properties associated with the marriage
  3. Enter mortgage details for each property
  4. Track payments and contributions from each spouse
  5. Add remodel events if applicable
  6. Generate comprehensive reports
Comprehensive Analysis
  • Multiple properties
  • Refinance tracking
  • Detailed payment history
  • Remodel event logs
  • Critical date valuations
Precision & Visualization
  • Timeline visualizations
  • High-precision calculation
  • Property appreciation tracking
  • Contribution analysis
  • Interactive dashboards
Reporting & Documentation
  • Technical reports
  • Summary reports
  • Legal reports
  • Multiple formats (PDF, HTML, Excel, CSV)
  • Court-ready documentation

Detailed Instructions

Creating a Marriage Event:

  1. Navigate to the Dashboard
  2. Click "Add Marriage Event"
  3. Enter spouse names
  4. Enter marriage and separation dates
  5. Add optional case number and notes
  6. Click "Create" to save

Editing a Marriage Event:

  1. Navigate to the specific Marriage Event
  2. Click the "Edit" button
  3. Update the information as needed
  4. Click "Save Changes"
Important: Changing marriage or separation dates will affect all calculations related to this event.

Adding a Property:

  1. Navigate to a Marriage Event
  2. Click "Add Property"
  3. Enter complete address information
  4. Select title holder (Spouse A, Spouse B, or Joint)
  5. Enter purchase information (date, price)
  6. Enter appraisal values at key dates if available
  7. Enter down payment contributions from each spouse
  8. Click "Add Property" to save

Property Valuation:

For accurate Moore-Marsden calculations, it's important to have property values at these critical dates:

  • Purchase date
  • Marriage date (if purchased before marriage)
  • Separation date
  • Refinance dates (if applicable)

Adding a Mortgage:

  1. Navigate to a Property
  2. Click "Add Mortgage"
  3. Enter loan details (amount, start date, interest rate, term)
  4. Select loan type
  5. Indicate if it's a refinance of a previous mortgage
  6. If refinance, enter additional refinance details
  7. Click "Add Mortgage" to save

Tracking Payments:

The system can generate an amortization schedule automatically, or you can manually add individual payments:

  1. Navigate to a Mortgage
  2. Click "Add Payment"
  3. Enter payment date, number, and amount
  4. Enter principal and interest portions
  5. Indicate contribution source (community or separate property)
  6. If separate property, indicate contribution amounts from each spouse
  7. Click "Add Payment" to save
Tip: For the most accurate Moore-Marsden calculation, track every mortgage payment with precise principal and interest breakdowns.

Adding Personal Property:

  1. Navigate to a Marriage Event
  2. Click "Add Personal Property" in the Quick Actions menu
  3. Enter a description of the item
  4. Enter the original cost
  5. Enter the current fair market value (FMV)
  6. Select the owner (Spouse A, Spouse B, or Both)
  7. The system will automatically calculate the value distribution
  8. Click "Save" to add the item

Managing Personal Property:

  • All personal property items appear in a table on the Marriage Event page
  • You can edit or delete items using the action buttons
  • The system automatically calculates totals for each spouse
  • An equalization payment amount is displayed if needed
Tip: Personal property items are included in generated reports, providing a comprehensive view of all assets.

Report Types:

  • Detailed Technical Report: Comprehensive breakdown of all calculations
  • Summary Report: High-level overview of property equity distribution
  • Legal Report: Formatted specifically for court filing

Available Formats:

  • PDF: Professional document for printing and court filing
  • HTML: Interactive web version for online viewing
  • Excel (XLSX): Spreadsheet format for additional analysis
  • CSV: Data export for importing to other systems

Generating a Report:

  1. Navigate to a Marriage Event
  2. Click "Generate Report"
  3. Select report type
  4. Select output format
  5. Enter report title
  6. Click "Generate"

Email Reports:

You can also email reports directly to yourself or clients:

  1. Navigate to a Report
  2. Click the "Email" button
  3. Confirm the email address
  4. The report will be sent as an attachment

Calculator:

The built-in calculator provides a convenient way to perform calculations without leaving the application:

  • Access the calculator by clicking "Calculator" in the sidebar Tools menu or from the Quick Links
  • Features a 10-key pad layout familiar to accounting professionals
  • Supports up to 16 digits for precise calculations
  • Includes a virtual tape/scroll to track calculation history
  • Provides memory functions (M+, M-, MS, MR, MC) for complex calculations
  • Supports keyboard input for faster data entry

Calendar:

The interactive calendar helps you work with dates throughout the application:

  • Access the calendar by clicking "Calendar" in the sidebar Tools menu
  • Multiple view options: Day, Month, Year, and Decade
  • Click on any date to select it
  • Use the navigation buttons to move between time periods
  • The "Today" button quickly returns to the current date
  • Zoom functionality allows for easy navigation between views
Tip: Both tools open in modal windows, allowing you to perform calculations or check dates without losing your place in the application.

Legal Terms & Definitions Glossary

Property Classification

Separate Property

Definition: Property owned by one spouse alone. This includes:

  • Property owned before marriage
  • Property acquired during marriage by gift or inheritance
  • Earnings after separation
  • Property acquired with separate property funds (traced)
Example: Sarah owned a house before marrying John. The house remains her separate property. Any appreciation on this house during marriage is also her separate property unless community funds were used for improvements or mortgage payments.
Community Property

Definition: Property acquired during marriage that belongs equally to both spouses (50/50). This includes:

  • Earnings of either spouse during marriage
  • Property purchased with community funds
  • Debts incurred during marriage
  • Businesses started during marriage
Example: John and Sarah buy a car during marriage using John's salary. Even though only John's income was used, the car is community property because his salary during marriage is community property.
Commingled Property

Definition: Property where separate and community funds have been mixed, making it difficult to distinguish between them.

  • Requires "tracing" to determine separate vs. community portions
  • Without clear tracing, may be presumed community property
  • Common with bank accounts where both types of funds are deposited
Example: Sarah deposits her $10,000 inheritance (separate) into a joint bank account that also receives both spouses' paychecks (community). The funds become commingled. To claim the $10,000 as separate property later, Sarah must trace it with documentation.

Legal Calculation Methods

Moore/Marsden Formula

Definition: A California legal formula used to calculate how much of a property's equity is community property vs. separate property when:

  • One spouse made a separate property down payment
  • Community funds were used for mortgage payments during marriage
  • The property appreciated in value

How it works: The formula allocates appreciation proportionally based on the separate property contribution vs. community contributions to the property's equity.

Example: Sarah buys a $300,000 house before marriage with a $60,000 down payment (her separate property). During marriage, $40,000 in principal is paid down using community funds. At divorce, the house is worth $500,000. The Moore/Marsden formula determines how much of the $200,000 appreciation belongs to Sarah's separate property vs. the community.
Pro Tanto Interest

Definition: The proportional interest in property appreciation based on contributions. Under Moore/Marsden, both separate and community estates receive a "pro tanto" (proportional) share of appreciation.

Formula: Pro Tanto % = (Contribution to Equity) ÷ (Total Equity at Purchase)

Example: If community funds paid 40% of the equity in a property, the community gets 40% of any appreciation. If the property appreciated by $100,000, the community would receive $40,000 of that appreciation.

Reimbursements & Credits

Epstein Credits (Family Code §2640)

Definition: Reimbursement rights for separate property contributions to community property, or post-separation payments on community obligations.

  • No interest or appreciation on the reimbursement
  • Must be traced to separate property source
  • Common for post-separation mortgage payments
Example: After separation, John continues paying the mortgage on the family home (community property) from his earnings (now separate property). He pays $24,000 over 12 months. John gets an Epstein credit for $24,000 to be reimbursed from the community estate before division.
Watts Charges

Definition: A charge against a spouse who has exclusive use of a community property after separation. It's essentially "rent" owed to the community for exclusive use.

  • Based on fair rental value of the property
  • Offset by payments for mortgage, taxes, insurance
  • Begins from date of separation
Example: After separation, Sarah continues living in the family home worth $3,000/month in rent. Over 12 months, she owes $36,000 in Watts charges. If she paid $20,000 in mortgage/taxes during this time, her net Watts charge is $16,000 owed to the community.

Timing of Acquisitions & Improvements

Before Marriage

Property Acquired: Separate property of the acquiring spouse

Improvements Made: If one spouse improves the other's property before marriage, it's typically considered a gift unless there's an agreement for reimbursement

Example: John owns a house. Before marrying Sarah, she pays $20,000 to remodel the kitchen. Without a written agreement, this is presumed a gift to John.
During Marriage

Property Acquired: Presumed community property unless:

  • Acquired by gift or inheritance
  • Purchased entirely with traced separate property funds
  • Subject to a valid transmutation agreement

Improvements Made: Community property contributions, creating community interest in separate property

Example: During marriage, the couple uses $50,000 from John's salary to add a room to Sarah's separate property house. The community now has an interest in the house's increased value.
After Separation

Property Acquired: Separate property of the acquiring spouse

Payments Made: Create Epstein credits if paying community obligations with separate property

Improvements Made: Separate property of the improving spouse, may require accounting

Example: After separation, Sarah uses her post-separation earnings to pay $10,000 for a new roof on the community property home. She gets an Epstein credit for $10,000.

Special Situations

Gifts & Transmutations

Gifts During Marriage:

  • Gifts to one spouse from third parties are separate property
  • Gifts between spouses require clear written documentation (transmutation)
  • Wedding gifts are typically community property

Transmutation: Changing property from separate to community or vice versa. Requires:

  • Express written declaration
  • Consent of the spouse whose interest is adversely affected
  • Cannot be done verbally for real property
Example: John inherits $100,000 (separate property) but deposits it in a joint account and writes "gift to my wife" on the deposit slip. This may constitute a transmutation to community property.
Remodels & Improvements

Community Labor Rule: When community labor improves separate property, the community may acquire an interest

Reimbursement vs. Ownership Interest:

  • Minor improvements: Usually reimbursement only
  • Major improvements: May create ownership interest
  • Must substantially increase property value
Example: Using community funds ($100,000) to add a second story to a separate property house creates a community property interest in the increased value, not just reimbursement rights.
Personal Property Division

Definition: Division of movable property (not real estate) including:

  • Vehicles, boats, RVs
  • Furniture and appliances
  • Jewelry and collectibles
  • Bank accounts and investments
  • Business interests

Division Methods:

  • In-kind division: Each spouse keeps specific items
  • Sale and division: Sell items and split proceeds
  • Equalization payment: One spouse keeps items but pays the other
Example: Community property includes two cars worth $30,000 and $20,000. Sarah keeps both cars ($50,000 total) and pays John an equalization payment of $25,000 to make the division equal.
Debt Assignment

Community Debts: Debts incurred during marriage for community benefit

  • Divided equally between spouses
  • Includes mortgages, credit cards, loans
  • Court can assign debt unequally based on ability to pay

Separate Debts:

  • Debts from before marriage
  • Debts not for community benefit
  • Student loans (sometimes treated specially)
Example: Credit card debt of $10,000 incurred during marriage is community debt, split $5,000 each. John's $30,000 student loan from before marriage remains his separate debt.
When Property is Sold

During Marriage: Proceeds are characterized the same as the property sold

After Separation: May trigger tax consequences and accounting requirements

Capital Gains:

  • Community property: Split equally
  • Separate property: Belongs to owner
  • Mixed property: Allocated by ownership percentage
Example: A rental property (60% community, 40% Sarah's separate) sells for a $100,000 gain. The community gets $60,000 (split $30,000 each to John and Sarah), and Sarah gets an additional $40,000 as her separate property share.

Frequently Asked Questions

How accurate is the calculator?

The calculator uses high-precision decimal calculations and follows the detailed methodology established by California case law. With accurate inputs, it provides results that are consistent with professional legal calculations.

Can I track multiple refinances?

Yes, the system supports an unlimited number of refinancing events for each property, maintaining the chain of mortgages and tracking cash-out or cash-in amounts.

What if I don't have all the payment history?

The system can generate estimated amortization schedules based on loan terms. However, for the most accurate results, it's recommended to provide as much actual payment history as possible.

Are my calculations saved?

Yes, all data and calculations are saved to your account and can be accessed anytime. Reports are also stored for future reference and can be regenerated as needed.

Do I need a lawyer to use this calculator?

While this calculator provides accurate calculations based on California law, it's recommended to consult with a family law attorney for legal advice specific to your situation. The calculator is a tool to assist in understanding property division, not a replacement for legal counsel.

Need Additional Help?

Contact our support team at support@legalcasesuite.com

Calculator
0