Family Court: Characterizing Property
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§4.10 Applying the Moore/Marsden Rule

One method of applying the Moore/Marsden rule [see §4.09] is to use the following sample formulas to calculate community and separate property interests when community funds are used to make payments on separate property:

CP = PPCP + (CP% x MApp)

CP: community property
PPCP: principal payments from community property
CP%: community property percentage = PPCP / Purchase Price
MApp: appreciation during marriage

SP = DP + PPSP + Pre-MApp + (SP% x MApp)

SP: separate property
DP: down payment
PPSP: principal payments from separate property
Pre-MApp: premarriage appreciation
SP%: separate property percentage = 100% - PPCP / Purchase Price

But don't be intimidated by the formulas! Basically what is required is an assessment of the community interest.

   

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