Moore Marsden is a legal concept that applies to the division of real property in California during a separation. It calculates the community interest in a property one spouse acquired before the marriage.
However, this can be quite complicated for a non-specialist to understand, especially in a time like that in your marriage. To help make the concept a bit clearer, here are somethings you should keep in mind. Here is what you should know about the Moore Marsden Calculation.
- Determine the Date of Marriage:
The Moore-Marsden calculation is based on the date of marriage. This is the starting point for determining the community interest in a property.
- Calculate the Pre-Marital Interest:
The next step is to determine the property’s value at the time of marriage. This value represents the pre-marital interest in real estate.
- Calculate the Post-Marital Interest:
The post-marital interest is calculated by determining the increase in the value of the property during the marriage. This increase in value is considered community property.
- Apply the Formula:
The formula for calculating the community interest in the property is as follows: Post-Marital Value – Pre-Marital Value = Community Interest. This formula is used to determine the portion of the property that belongs to the community and the portion that belongs to the individual spouse.
- Seek Legal Advice:
The Moore-Marsden calculation can be complex and may require the assistance of a legal professional. It is recommended to seek the advice of an experienced family law attorney who can help guide you through the process and ensure your rights are protected.
That said, understanding the Moore-Marsden calculation is essential for anyone going through the dissolution of marriage in California who needs to divide real estate acquired before marriage. By following these tips, you can better navigate the process and protect your interests.